Retamozzo v. Quinones

Appeal from order, Supreme Court, New York County (Judith J. Gische, J.), entered October 8, 2010, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ motion to compel discovery, directed that plaintiff not use any kind of recording device during depositions, and denied plaintiff’s cross motion to compel discovery and for discovery sanctions, unanimously dismissed, without costs, as untimely.

Because the order appealed from is appealable as of right (see CPLR 5701 [a] [2]), plaintiff should have served and filed a notice of appeal instead of moving for…