Pursuant to CPLR 5701(a)(3), there is an appeal as of right from an order refusing to vacate or modify a prior order if the prior order would have been appealable as of right, pursuant to CPLR 5701(a)(2). Here, the prior order would not have been appealable as of right because it was not a substantive ruling, but merely the denial of defendants' request for an extension of its time to post a bond.
Largo 613 Baltic St. Partners LLC v, Stern, NY Slip Op 06168 (1st Dep't November 3 , 2022)
