—In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Dillon, J.), dated May 17, 2002, which, among other things, denied their application for leave to serve an amended bill of particulars.
Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed, with costs.
The order appealed from did not determine a motion made on notice and therefore is not appealable as of right (see CPLR 5701 [a] [2]; Sena v Nationwide Mut. Fire Ins. Co., 198 AD2d 345 [1993]). However, under the particular facts presented, we deem the notice of appeal to be an application for leave to appeal, and grant the application in the interest of justice (see e.g. Sena v Nationwide Mut. Fire Ins. Co., supra).
While leave to amend a bill of particulars is generally to be freely given absent prejudice or surprise (see CPLR 3025 [b];
The plaintiffs’ remaining contentions are without merit. Altman, J.P., McGinity, Luciano and H. Miller, JJ., concur.
