Walsh v Town of Brookhaven (2004 NY Slip Op 04009)

Walsh v Town of Brookhaven

2004 NY Slip Op 04009 [7 AD3d 699]

May 17, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 28, 2004

Deanna M. Walsh, Respondent,
v
Town of Brookhaven et al., Appellant.

—[*1]In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated July 7, 2003, which granted stated portions of the plaintiff's oral application.

Ordered that the appeal is dismissed, with costs.

An order which does not determine a motion made on notice is not appealable as of right (see CPLR 5701 [a] [2]; [c]; Cellini v Derespiris, 302 AD2d 419 [2003]), and we decline to grant leave to appeal. Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.