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BARRY/DAVE/GLENN, INC., Doing Business as SPORTS CONNECTION HEALTH FITNESS CENTER, Respondent, v. A.H. SALKOWITZ et al., Defendants, and KENNETH J. HERMAN, INC., et al., Appellants.

Ordered that the appeals are dismissed, without costs or disbursements.

An appeal to the Appellate Division may be taken as of right from a final or interlocutory judgment (see, CPLR 5701 [a] [1]), or from an order deciding a motion made upon notice (see, CPLR 5701 [a] [2]; see, Delloiaco v City of New York, 174 A.D.2d 705; Blasie v County of Westchester, 169 A.D.2d 697; Arslanian v Volkswagen of Am., 121 A.D.2d 492; Cohalan v Johnson Elec. Constr. Corp., 105 A.D.2d 770). However, the order appealed from did not decide a motion made upon notice. No application has been made for permission to appeal. In view of the foregoing, the appeals are dismissed (see, CPLR 5701 [c]). In light of this disposition, we do not pass on the merits of the appellants' arguments. Bracken, J.P., Lawrence, Eiber and Santucci, JJ., concur.

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BARRY/DAVE/GLENN, INC. v. SALKOWITZ
(Mar 16, 1992)