Banach v Dedalus Found., Inc.

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Banach v Dedalus Found., Inc. 2010 NY Slip Op 02478 [71 AD3d 571] March 25, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

Joan Banach, Respondent,
v
The Dedalus Foundation, Inc., Appellant.

—[*1] Pryor Cashman LLP, New York (Perry M. Amsellem of counsel), for appellant.

Emery Celli Brinckerhoff & Abady LLP, New York (Sarah Netburn of counsel), for respondent.

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 nonappealable orders.

The discovery order, issued after a discovery conference, is not appealable as of right (Sidelev v Tsal-Tsalko, 52 AD3d 398 [2008]). 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 [2003]). Concur—Gonzalez, P.J., Moskowitz, Freedman, Richter and RomÁn, JJ.

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