Appellate practice.

Practice point: If the order did not decide a motion made upon notice, there is no right of appeal, pursuant to CPLR 5701(a)(2).

Students should note that the Appellate Division may deem the notice of appeal a motion for leave to appeal, pursuant to CPLR 5701(c), and grant the motion.

Grgurovic v. Controlled Combustion Co., NY Slip Op 02533 (1st Dept. 2011).

Here is the decision.

Monday's issue is conversion and fraud.