ALBERI v. ROSSI

Appeal dismissed, without costs or disbursements.

An order striking scandalous or prejudicial matter from a pleading is not appealable as of right (CPLR 5701 [b] [3]). Permission to appeal has not been sought and we are not inclined to grant it sua sponte. Accordingly, dismissal is required ( Tudor v Riposanu, 93 A.D.2d 718). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.