KOCZEN v. VMR CORPORATION

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

The compliance conference order at issue is not appealable as of right because it does not decide a motion made on notice (see CPLR 5701[a][2]; Cohalan v. Johnson Elec. Constr. Corp., 105 A.D.2d 770; see also Yetman v. St. Charles Hosp., 112 A.D.2d 297). A party seeking appellate review of such an order must move to vacate or modify it, and appeal, if necessary, from the resulting order (see Cohalan v. Johnson Elec. Constr. Corp., supra; Everitt v. Health Maintenance Ctr., 86 A.D.2d 224, 227).

FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.