Opinion
2016–04973 Index No. 8654/14
11-21-2018
Roseanne LOGAN, Respondent, v. PULA 200, LLC, et al., Appellants.
Craig Stuart Lanza, Brooklyn, NY, for appellants. Heslop & Kalba, LLP, Brooklyn, N.Y. (Garfield A. Heslop of counsel), for respondent.
Craig Stuart Lanza, Brooklyn, NY, for appellants.
Heslop & Kalba, LLP, Brooklyn, N.Y. (Garfield A. Heslop of counsel), for respondent.
MARK C. DILLON, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the appeal is dismissed, with costs.
The plaintiff commenced this action, inter alia, pursuant to RPAPL article 15 to quiet title to real property. Thereafter, certain defendants moved, inter alia, to enforce a stipulation of settlement. The plaintiff cross-moved to impose sanctions on the defendants' attorney for filing a frivolous motion. In an order dated March 15, 2016, the Supreme Court, among other things, referred the plaintiff's cross motion to a referee for a hearing. The defendants appeal, as limited by their brief, from that portion of the order.
The appeal must be dismissed, as the defendants are not aggrieved by the portion of the order appealed from (see CPLR 5511 ; Day v. Syosset Cent. Sch. Dist., 105 A.D.3d 888, 963 N.Y.S.2d 320 ; Vigo v. 501 Second St. Holding Corp., 100 A.D.3d 872, 953 N.Y.S.2d 886 ; Impastato v. Impastato, 62 A.D.3d 752, 752, 879 N.Y.S.2d 509 ) and, in any event, no appeal lies as of right from an order which does not determine a motion made on notice (see CPLR 5701[a][2] ). Under the circumstances of this case, we cannot appropriately deem the notice of appeal filed in the names of the defendants to be an application for leave to appeal by their attorney (see Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 681 N.Y.S.2d 472, 704 N.E.2d 226 ; Day v. Syosset Cent. Sch. Dist., 105 A.D.3d at 889, 963 N.Y.S.2d 320 ).
DILLON, J.P., ROMAN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.