An order that does not decide a motion made on notice is not appealable as of right under CPLR 5701(a)(2). However, the Appellate Division may deem the notice of appeal from the order to be a motion for leave to appeal, and may grant the motion so as to hear the appeal.
Moye v. Mount Sinai Hosp., NY Slip Op 02828 (1st Dep't May 25, 2023)
