Opinion
Argued May 17, 1999
June 28, 1999
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated January 28, 1998, which, after a certification conference, and over their objection, certified the case ready for trial.
Gleich, Siegel Farkas, Great Neck, N.Y. (Stephan B. Gleich and Lara P. Emouna of counsel), for appellants.
Levitt and Cohen, Williston Park, N.Y. (Steven E. Cohen and Matthew David Brozik of counsel), for respondent.
GUY JAMES MANGANO, P.J., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide a motion made upon notice, and no appeal as of right lies therefrom ( see, Sherwood v. Roper, 237 A.D.2d 275, 276; Matter of Hartman v. Smith, 207 A.D.2d 345, 346). No application has been made for permission to appeal. In light of the foregoing, the appeal is dismissed, and we do not consider the merits of the appellants' arguments ( see, CPLR 5701[c]).