Valerio v “John Doe” No. 1, 2021 NY Slip Op 06718 [200 AD3d 736]

December 1, 2021

Appellate Division, Second Department

[*1]

Aaron Valerio, Respondent,

v

“John Doe” No. 1 et al., Defendants, and Cannon’s Blackthorne, Inc., Appellant.

Holihan & Associates, P.C., Richmond Hill, NY (Nazareth Markarian of counsel), for appellant.

Steven C. Kletzkin, PLLC, New York, NY, for respondent.

In an action to recover damages for personal injuries, the defendant Cannon’s Blackthorne, Inc., appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered June 12, 2018. The order granted the plaintiff’s application to preclude the defendant Cannon’s Blackthorne, Inc., from testifying at trial.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from did not decide a motion made on notice and, as such, is not appealable as of right ( see CPLR 5701 [a] [2]; see also Kelleher v Mt. Kisco Med. Group , 264 AD2d 760, 761 [1999]). No application was made for permission to appeal, and we are not inclined to grant leave to appeal under the circumstances of this case ( see CPLR 5701 [c]; Sherwood v Roper , 237 AD2d 275, 276 [1997]; Matter of Hartman v Smith , 207 AD2d 345, 346 [1994]; Barry/Dave/Glenn, Inc. v Salkowitz , 181 AD2d 754, 755 [1992]). In light of the foregoing, we dismiss the appeal. Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur..