Opinion
August 1, 1994
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
It is well settled that an appeal to the Appellate Division may be taken as of right from a final or interlocutory judgment (see, CPLR 5701 [a] [1]), or from an order which decides a motion made on notice (see, CPLR 5701 [a] [2]; Arslanian v Volkswagen of Am., 121 A.D.2d 492). In this case, the order appealed from did not decide a motion made upon notice. Therefore, no appeal as of right lies therefrom (see, Blasie v County of Westchester, 169 A.D.2d 697; Nicolini v. Carvel Corp., 142 A.D.2d 633). Moreover, permission to appeal from the order was not sought (see, Barry/Dave/Glenn, Inc. v. Salkowitz, 181 A.D.2d 754), nor are we inclined to grant leave to appeal under these circumstances and in view of the sparse nature of the record (see, e.g., Greater N.Y. Mut. Ins. Co. v. Lancer Ins. Co., 203 A.D.2d 515; Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v. Modica, 102 A.D.2d 886; Everitt v. Health Maintenance Ctr., 86 A.D.2d 224). Accordingly, the appeal is dismissed, and we have no occasion to reach the merits of the appellant's contentions. Sullivan, J.P., Lawrence, Pizzuto and Friedmann, JJ., concur.