An order is not appealable as of right where the order did not decide a motion made on notice, pursuant to CPLR 5701[a][2]. However, the Appellate Division may deems the notice of appeal to be a motion for leave to appeal, and it may grant such leave.
Junmei Zhang v. City of New York, NY Slip Op 06325 (1st Dep't December 7, 2023)
