Fortinsky v Freidfertig
2007 NY Slip Op 05221 [41 AD3d 535]
June 12, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Gila E. Fortinsky et al., Appellants,
v
Shlomo Freidfertig, Respondent.

—[*1] Shearman & Sterling, LLP, New York, N.Y. (Jerome S. Fortinsky pro se and Brian G. Burke of counsel), for appellants.

Warren T. Goz & Associates, P.C., Rye Brook, N.Y. (Andrew Rotstein of counsel), for respondent.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an amended order of the Supreme Court, Westchester County (LaCava, J.), entered May 19, 2006, which, sua sponte, removed the matter to the Village Court of the Village of Scarsdale.

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

The amended order entered May 19, 2006 is not appealable as of right, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]) and we decline to grant leave to appeal (see CPLR 5701 [c]). Spolzino, J.P., Skelos, Dillon and McCarthy, JJ., concur.