1471 Second Corp. v. Nat of NY Corp.

Appeal from order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about November 1, 2013, which denied defendants’ letter request to submit a reply brief in further support of their cross motion to dismiss or for summary judgment, unanimously dismissed, without costs, as taken from a nonappealable paper.

The order appealed from did not decide a motion made upon notice and is therefore not appealable as of right (CPLR 5701 [a] [2]; Serradilla v Lords Corp., 12 AD3d 279 , 280 [1st Dept 2004]). We decline to exercise our discretion to deem the notice of appeal a motion for leave to appeal (see id.).

Concur — Sweeny, J.P., Andrias, Saxe, DeGrasse and Gische, JJ.