Where the order was not predicated on a motion made on notice, it is not appealable as of right, pursuant to CPLR 5701[a][2]. However, in the interest of justice, the Court may deem the notice of appeal as a request for leave to appeal, and grant leave for a determination on the merits, pursuant to CPLR 5701[c].
Matter of Gliklad v. Deripaska, NY Slip Op 04233 (1st Dep't July 23, 2020)
Here is the decision.
