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COHALAN v. JOHNSON ELECTRICAL CONSTR. CORP
Appellate Division of the Supreme Court of New York, Second Department.
Nov 19, 1984
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Appeal dismissed, without costs or disbursements.
The precalendar conference stipulation and order did not decide a motion which was made upon notice, and thus is not appealable to this court as of right (CPLR 5701, subd [a], par 2). "If counsel is of the view that appellate review [of such an order] is necessary, counsel should make a formal motion on notice and papers at Special Term, Part 8-A, to vacate or modify the precalendar conference order, or particular provisions of it" and appeal, if necessary, from the resulting order ( Everitt v Health Maintenance Center, 86 A.D.2d 224, 227). Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.
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