Opinion
2617N
December 19, 2002.
Appeal from order, Supreme Court, New York County (Milton Tingling, J.), entered July 18, 2002, to the extent that said order directed defendants to supply the statement of a nonparty witness, unanimously dismissed, without costs.
Michael C. Wimpfheimer, for plaintiff-respondent.
Willard G. Lafauci, for defendants-appellants.
Before: NARDELLI, J.P., TOM, ELLERIN, FRIEDMAN, MARLOW, JJ.
The subject order is not appealable as of right because it does not decide a motion made upon notice (see CPLR 5701[a][2];Daniels v. City of New York, 291 A.D.2d 260), and we dismiss the appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.