DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
An order which does not determine a motion made on notice is not appealable as of right ( see CPLR 5701[a][2]; [c]; Cellini v. Derespiris, 302 A.D.2d 419), and we decline to grant leave to appeal.
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.