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AMBROSIO v. 85 CRYSTAL

Appellate Division of the Supreme Court of New York, Second Department.
Feb 27, 2007
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Ordered that the appeal from so much of the order as denied the plaintiffs' motion to vacate the oral ruling is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion to vacate a ruling ( see Hegarty v Bailee, 18 AD3d 705, 706; see Danne v Otis El. Corp., 276 AD2d 581, 582; cf. CPLR 5701 [a] [3]); and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

Contrary to the plaintiffs' contention, the Supreme Court providently exercised its discretion in determining the proper scope of discovery ( see Hallahan v Ashland Chem. Co., 237 AD2d 697, 698; Prasad v B.K. Chevrolet, 184 AD2d 626).