Opinion
2007-582 N C.
Decided July 10, 2008.
Appeal from an order of the District Court of Nassau County, First District (Gary Franklin Knobel, J.), dated December 28, 2006. The order, insofar as appealed from as limited by the brief, directed plaintiff to provide defendant with an authorization executed by its assignor in order to obtain discovery of defendant's no-fault file, and directed that plaintiff bear the costs of reproduction of said file ( 15 Misc 3d 270).
Appeal dismissed.
PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
The appeal from the order must be dismissed since no appeal as of right lies from an order which decides a motion which was not made on notice (UDCA 1702 [a] [2]; see Bottiglieri v Reilly , 15 Misc 3d 135 [A], 2007 NY Slip Op 50750[U] [App Term, 9th 10th Jud Dists 2007]; see also 1223 Bushwick, LLC v Williams , 19 Misc 3d 128[A], 2008 NY Slip Op 50512[U] [App Term, 2d 11th Jud Dists 2008]). A motion is made on notice when a notice of motion or an order to show cause is served (CPLR 2211), and no notice of motion or order to show cause was served herein. Although, under appropriate circumstances, a court may deem a notice of appeal an application for leave to appeal and grant such leave (UDCA 1702 [c]; see e.g. Cervera v Bressler , 50 AD3d 837 ; Vest v Vest , 50 AD3d 776 ), we decline to do so in the instant case.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.