Opinion
October 13, 1998
Appeal from the Supreme Court, Queens County (Golia, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
That branch of the order which denied the defendants' cross motion to dismiss the plaintiff's order to show cause did not affect a substantial right within the meaning of CPLR 5701 (a) (2) (v), and therefore is not appealable as of right. Further, the order did not decide any motion with respect to the temporary restraining order contained in the order to show cause. Accordingly, that branch of the order which continued the temporary restraining order is also not appealable as of right ( see, CPLR 5701 [a] [2]). Under the circumstances, we decline to grant permission to appeal ( see, Aievoli v. Aievoli, 249 A.D.2d 253; Sherwood v. Roper, 237 A.D.2d 275).
Copertino, J. P., Thompson, Sullivan and Friedmann, JJ., concur.