Opinion
03-26-2024
Gregory M. BARTLETT, Plaintiff–Appellant, v. TRIBECA LENDING CORP. et al., Defendants–Respondents.
Gregory M. Bartlett, appellant pro se.
Gregory M. Bartlett, appellant pro se.
Webber, J.P., Kern, Kennedy, Higgitt, Michael, JJ.
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 N.Y.2d 333, 335, 763 N.Y.S.2d 522, 794 N.E.2d 664 [2003]; Djeddah v. Willi ams, 134 A.D.3d 479, 480, 19 N.Y.S.3d 890 [1st Dept. 2015]). We decline to exercise our discretion to deem the notice of appeal a motion for leave to appeal.