Legal Opinion

Tomor v. 1733 Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided August 26, 2002Published

1Opinion of the Court

The order appealed from was the result of an oral application, and not a motion made on notice. Accordingly, the appeal must be dismissed, as an order which does not decide a motion made on notice is not appealable as of right, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; Kastberg v JLM Land Dev. Corp., 280 AD2d 453; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423). H. Miller, J.P., Townes, Crane and Cozier, JJ., concur.

2Cases cited2 opinions

  1. Cuffie v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Kastberg v. JLM Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2001