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Wellington v. Grossman

245 A.D.2d 1130 Court N.Y. App. Div. Decision date 1997-12-31 Docket Appeal No. 2 English

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p. 1130
John Wellington, Respondent, v Mark Grossman, Appellant, et al., Defendant.
(Appeal No. 2.)
[669 NYS2d 116]

—Appeal unanimously dismissed without costs. Memorandum: No appeal as of right to this Court lies from an order setting forth a schedule for the completion of discovery and the date for a pretrial conference where the order is granted in the absence of a motion on notice (see, CPLR 5701 [a] [2]). (Appeal from Order of Supreme Court, Niagara County, Fahey, J.—Discovery.) Present—Denman, P. J., Green, Pine, Balio and Fallon, JJ.