Opinion
No. 2008-11419.
January 19, 2010.
In an action to recover damages for personal injuries, the defendant Estate of Madelyn Sintyago, by Ricardo Sintyago, Administrator, appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Richmond County (Maltese, J.), dated November 19, 2008.
Kelly, Rode Kelly, LLP, Mineola, N.Y. (John W. Hoefling and Stephanie Visconti of counsel), for appellant.
Angiuli, Katkin Gentile, LLP, Staten Island, N.Y. (Joelle T. Jensen and Jeannette Poyerd of counsel), for respondent.
Before: Skelos, J.P., Dickerson, Lott and Roman, JJ., concur.
Ordered that the appeal is dismissed, with costs.
In the order appealed from, the plaintiff's motion, which the appellant opposed, was denied. While the appellant challenges certain factual statements set forth in the order, it is not aggrieved by these statements ( see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544-545; Sirius Am. Ins. Co. v Vigo Constr. Corp., 48 AD3d 450, 451-452). The appellant's remaining contentions relate to parts of the order which were issued sua sponte. No appeal lies as of right from an order which does not decide a motion made on notice ( see CPLR 5701 [a] [2]), and we decline to grant leave to appeal.