Opinion
2003-04095.
Decided May 10, 2004.
In an action to recover damages, the defendants' attorney, Jerold Probst, appeals from so much of an order of the Supreme Court, Nassau County (Austin, J.), dated May 2, 2003, as, in effect, denied his oral application to vacate so much of a prior order of the same court dated April 8, 2003, as, sua sponte, imposed a sanction against him in the sum of $2,500.
Jerold Probst, New York, N.Y., nonparty-appellant pro se.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The provision of the order which denied the appellant's oral application did not decide a motion on notice, and therefore is not appealable as of right ( see CPLR 5701[a][2]; Robinson v. State of New York, 287 A.D.2d 610; 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). The appellant failed to move for leave to appeal ( see CPLR 5701[c]), and, under the circumstances, we decline to grant leave on our own motion ( see Cuffie v. New York City Health Hosps. Corp., 260 A.D.2d 423; Aievoli v. Aievoli, 249 A.D.2d 253).
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.