People v. Frazier

Feb 24, 2015
14322 1392/12
Versions:125 A.D.3d 551
1 N.Y.S.3d 812
2015 NY Slip Op 01580

Appeal from order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 20, 2014, which struck plaintiff‘s note of issue, and directed plaintiff to comply with the directives of the preliminary conference order, unanimously dismissed, without costs, as taken from a nonappealable paper.

The court‘s order did not resolve a motion made on notice, and thus is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 336 [2003]; see also Smith v United Church of Christ, 95 AD3d 581, 582 [1st Dept 2012], lv denied and dismissed 19 NY3d 940 [2012]).

Concur—Friedman, J.P., Sweeny, Saxe, Feinman and Clark, JJ.