Ordered that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide a motion made on notice, and hence, is not appealable as of right (CPLR 5701 [a] [2]; see, Cohalan v. Johnson Elec. Constr. Corp., 105 A.D.2d 770). The appellants perfected the appeal without leave to appeal (see, Roberts v. Modica, 102 A.D.2d 886). In light of this disposition, we do not pass on the merits of the arguments raised by the appellants. Bracken, J.P., Sullivan, Balletta and Lawrence, JJ., concur.