Arslanian v. Volkswagen of America, Inc.

Full title: JUDITH ARSLANIAN, Appellant, and RICHARD ARSLANIAN, Respondent, v…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1986

121 A.D.2d 492 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Nassau County (Levitt, J.).

The appeals are dismissed because the order appealed from did not decide a motion made on notice, and hence, is not appealable as of right (CPLR 5701 [a] [2]). An appeal as of right to the Appellate Division may be taken only from a final or interlocutory judgment (CPLR 5701 [a] [1]), or from an order deciding a motion made upon notice (CPLR 5701 [a] [2]; see, Cohalan v. Johnson Elec. Constr. Corp., 105 A.D.2d 770). In light of this disposition, we do not pass on the merits of the arguments raised by the appellants. Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.