Opinion
May 16, 1991
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
Defendant seeks to appeal from an ex parte order, which is not appealable as of right under CPLR 5701 (a) (see, Matter of King v Gregorie, 90 A.D.2d 922, lv dismissed 58 N.Y.2d 605, 822), and we decline to entertain the appeal as though it were a motion pursuant to CPLR 5704 (a) (see, Matter of McKee v Coughlin, 142 A.D.2d 798). The matter involves a trial court's authority to control its own calendar, and the proper procedure is for defendant to move on notice at Supreme Court to vacate the ex parte order (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5701:5, at 578).
Appeal dismissed, without costs. Casey, J.P., Mikoll, Levine, Mercure and Crew III, JJ., concur.