Bartlett v Tribeca Lending Corp. |
2024 NYSlipOp 01668 [225 AD3d 534] |
March 26, 2024 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Gregory M. Bartlett, Appellant, v Tribeca Lending Corp. et al., Respondents. |
Gregory M. Bartlett, appellant pro se.
Appeal from order, Supreme Court, New York County (Adam Silvera, J.), entered April 10, 2023, which denied plaintiff's letter request for leave to file a new action relating to a prior foreclosure action, unanimously dismissed, without costs, as taken from a nonappealable paper.
The order appealed from is not appealable as of right because it was not made in an action and did not decide a motion made upon notice (CPLR 5701 [a] [2]; see Sholes v Meagher, 100 NY2d 333, 335 [2003]; Djeddah v Williams, 134 AD3d 479, 480 [1st Dept 2015]). We decline to exercise our discretion to deem the notice of appeal a motion for leave to appeal. Concur—Webber, J.P., Kern, Kennedy, Higgitt, Michael, JJ.