Rampersad v. New York City Department of Education

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered December 5, 2005, which struck defendants’ answer for failure to comply with a conditional, self-executing order, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 18, 2005, which directed the production of certain enumerated discovery, unanimously dismissed as moot, without costs.

To the extent necessary, we deem the notice of appeal to be a motion for leave to appeal (CPLR 5701 [c]), and grant such leave. The record is sufficient to permit review of the motion court’s findings even…