NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 25, 2010
JOAN BANACH, PLAINTIFF-RESPONDENT,
THE DEDALUS FOUNDATION, INC., DEFENDANT-APPELLANT.
Appeals from order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 28, 2009, which vacated a stay of disclosure and directed immediate discovery, and order, same court and Justice, entered November 24, 2009, wherein the Justice recused herself from the matter, unanimously dismissed, without costs, as taken from non-appealable orders.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Moskowitz, Freedman, Richter, RomÁn, JJ.
The discovery order, issued after a discovery conference, is not appealable as of right (Sidelev v Tsal-Tsalko, 52 AD3d 398 ). Also, the court's sua sponte recusal order is not appealable as of right because it did not decide a motion made on notice (see Sholes v Meagher, 100 NY2d 333 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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