Opinion
2018–09685 Index No. 610204/16
12-01-2021
Aaron VALERIO, respondent, v. "John DOE" #1, etc., et al., defendants, Cannon's Blackthorne, Inc., appellant.
Holihan & Associates, P.C., Richmond Hill, NY (Nazareth Markarian of counsel), for appellant. Steven C. Kletzkin, PLLC, New York, NY, for respondent.
Holihan & Associates, P.C., Richmond Hill, NY (Nazareth Markarian of counsel), for appellant.
Steven C. Kletzkin, PLLC, New York, NY, for respondent.
MARK C. DILLON, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant Cannon's Blackthorne, Inc., appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered June 12, 2018. The order granted the plaintiff's application to preclude the defendant Cannon's Blackthorne, Inc., from testifying at trial.
ORDERED that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide a motion made on notice and, as such, is not appealable as of right (see CPLR 5701[a][2] ; see also Kelleher v. Mt. Kisco Med. Group, 264 A.D.2d 760, 761, 694 N.Y.S.2d 770 ). No application was made for permission to appeal, and we are not inclined to grant leave to appeal under the circumstances of this case (see CPLR 5701[c] ; Sherwood v. Roper, 237 A.D.2d 275, 276, 655 N.Y.S.2d 378 ; Matter of Hartman v. Smith, 207 A.D.2d 345, 346, 616 N.Y.S.2d 207 ; Barry/Dave/Glenn, Inc. v. Salkowitz, 181 A.D.2d 754, 755, 581 N.Y.S.2d 687 ). In light of the foregoing, we dismiss the appeal.
DILLON, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.