Spada v. Sepulveda

—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…