Opinion
Argued October 1, 2001.
October 22, 2001.
In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Collins, J.), dated September 11, 2000, which, after a hearing, granted that branch of the claimant's oral application which was for the imposition of a sanction to the extent of assessing a $500 sanction against Assistant Attorney General Jane Duffy.
Eliot Spitzer, Attorney-General, New York, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for appellant.
Parker Waichman, P.C. (DiJoseph Portegello, P.C., New York, N Y [Arnold E. DiJoseph III] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the appeal is dismissed, with costs.
The order appealed from imposed a sanction following a hearing on the claimant's oral application. It did not decide a motion on notice, and therefore is not appealable as of right (see, CPLR 5701[a][2]; Stern v. Stern, 273 A.D.2d 298; Velasquez v. C.F.T., Inc., 267 A.D.2d 229; Beige v. Beige, 265 A.D.2d 438; Kelleher v. Mt. Kisco Med. Group, 264 A.D.2d 760). The defendant failed to move for leave to appeal (see, CPLR 5701[c]), and we decline to grant leave under the circumstances (see, Davidson Metals Corp., v. Marlo Dev. Co., 262 A.D.2d 599; Cuffie v. New York City Health Hosp. Corp., 260 A.D.2d 423; cf., Blaisdell v. Huntington Hosp., 270 A.D.2d 376; Pigott v. Hamalian, 262 A.D.2d 383).
RITTER, J.P., FLORIO, FEUERSTEIN and CRANE, JJ., concur.