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ALBERT A. CELLINI, appellant, v. LOUIS DERESPIRIS, ET AL., respondents.

DECISION ORDER

ORDERED that the appeals are dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs.

An order that determines a motion that was not made on notice is not appealable as of right (CPLR 5701[a][2]; [c]; Blasie v. County of Westchester, 169 A.D.2d 697; Nicolini v. Carvel Corp., 142 A.D.2d 633). In this case, the orders decided motions which were not made on notice and we decline to grant leave to appeal. Further, we note that although this action was commenced in 1996, when the former CPLR 306-b was in effect, an examination of the Supreme Court file fails to disclose that the plaintiff filed the required proof of service.

FLORIO, J.P., FEUERSTEIN, FRIEDMANN and RIVERA, JJ., concur.

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CELLINI v. DERESPIRIS
(Feb 13, 2003)