INDEP. CONS. CORP., v. AMOCO

Ordered that the appeal is dismissed, without costs or disbursements.

The order dated August 20, 2004 is not appealable as of right, as no appeal lies as of right from an order that does not decide a motion made on notice ( see CPLR 5701 [a] [2]) and no application for leave to appeal was made ( see CPLR 5701 [c]). In any event, the record is inadequate to determine the appeal on the merits ( see Cuffie v New York City Health Hosps. Corp., 260 AD2d 423 [1999]).