Courtney v. Duo Colony Fuel Corp. , 751 N.Y.S.2d 732 ( 2002 )

—Appeal from order, Supreme Court, New York County (Milton Tingling, J.), entered July 18, 2002, to the extent that said order directed defendants to supply the statement of a nonparty witness, unanimously dismissed, without costs.

The subject order is not appealable as of right because it does not decide a motion made upon notice (see CPLR 5701 [a] [2]; Daniels v City of New York, 291 AD2d 260), and we dismiss the appeal. Concur — Nardelli, J.P., Tom, Ellerin, Friedman and Marlow, JJ.