Opinion
April 12, 1999
Appeal from the Supreme Court, Kings County (Levine, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide a motion made on notice and is therefore not appealable as of right ( see, CPLR 5701 [a] [2]; Aievoli v. Aievoli, 249 A.D.2d 253; Sherwood v. Roper, 237 A.D.2d 275). No application has been made for permission to appeal, and we are not inclined to grant leave to appeal under the circumstances of this case, considering the sparseness of the record ( see, Aievoli v. Aievoli, supra; Matter of Hartman v. Smith, 207 A.D.2d 345).
O'Brien, J. P., Joy, Krausman and Goldstein, JJ., concur.