al-Cantara v Tausend

al-Cantara v Tausend 2008 NY Slip Op 00202 [47 AD3d 465] January 15, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

Terenzio G. al-Cantara, Appellant,
v
Nicole Tausend et al., Respondents.

—[*1] Terenzio G. al-Cantara, appellant pro se.

Landman Corsi Ballaine & Ford P.C., New York City (William G. Ballaine of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered August 10, 2007, which, insofar as appealed from as limited by the briefs, deemed certain discovery responses by defendants to be sufficient, unanimously dismissed, without costs, as taken from a nonappealable order.

The preliminary conference order at issue is not appealable as of right because it does not decide a motion made upon notice (CPLR 5701 [a] [2]; see Castadot v Palmer, 266 AD2d 169 [1999]; McHenry v 1020 Park Ave., 249 AD2d 110 [1998]), and we decline to grant leave to appeal in light of the inadequate record before this Court. Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.