Courtney v. Duo Colony Fuel Corp.

—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.