Opinion
571
March 20, 2003.
Appeal from judgment, Supreme Court, Bronx County (Anne Targum, J.), entered on or about October 10, 2001, dismissing the complaint pursuant to an order, same court and Justice, entered on or about January 4, 2001, which, at a preliminary conference, granted defendants' oral motion to dismiss the complaint, unanimously dismissed, without costs.
Barry Siskin, for plaintiff-appellant.
Doris M. Gonzalez Sara Luca Salvi, for defendants-respondents.
Before: Nardelli, J.P., Tom, Andrias, Saxe, Williams, JJ.
The subject judgment, which was entered pursuant to an order that decided a motion that was not made on notice, is not appealable as of right (CPLR 5701[a][2];see Courtney v. Duo Colony Fuel Corp., 300 A.D.2d 169, 751 N.Y.S.2d 732), and the record is devoid of any subsequent motion to vacate or renew that would have placed the propriety of the dismissal before this Court (see Amerasian Intl. Enters. v. Health Care Concepts, 302 A.D.2d 244, 2003 N.Y. App. Div LEXIS 1288).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.