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41 A.D.3d 535

Fortinsky v. Freidfertig

Appellate Division of the Supreme Court of the State of New York · decided 2007-06-12

Decided 2007-06-12

¶1-In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an amended order of the Supreme Court, Westchester County (LaCava, J.), entered May 19, 2006, which, sua sponte, removed the matter to the Village Court of the Village of Scarsdale.

¶2Ordered that the appeal is dismissed, without costs or disbursements.

¶3The amended order entered May 19, 2006 is not appealable as of right, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]) and we decline to grant leave to appeal (see CPLR 5701 [c]). Spolzino, J.P., Skelos, Dillon and McCarthy, JJ., concur.

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