D'Amico v. Nuzzo

—In an action, inter alia, to recover damages for breach of contract, the nonparty appellant Sulsky & Haber, P. C., appeals from so much of an order of the Supreme Court, Nassau County (Murphy, J.), entered September 9, 1991, as directed a hearing on the motion of the nonparty respondent David B. Jacobs to vacate a stipulation of settlement in the underlying action.

*762Ordered that on the court’s own motion, the appellant’s 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 reversed…