VELEZ v. CITY OF NEW YORK (2025)

Supreme Court, Appellate Division, Second Department, New York.

Raul VELEZ, respondent, v. CITY OF NEW YORK, et al., appellants.

2024-05250

Decided: August 13, 2025

BETSY BARROS, J.P., LINDA CHRISTOPHER, BARRY E. WARHIT, JAMES P. MCCORMACK, JJ.

Anna J. Ervolina, Brooklyn, NY (Theresa A. Frame of counsel), for appellants. Elefterakis, Elefterakis & Panek, New York, NY (Harris J. Zakarin of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated April 22, 2024. The order, insofar as appealed from, upon granting the plaintiff's motion to restore the action to active status, set a schedule for the deposition of six defendants’ witnesses.

ORDERED that the appeal is dismissed, with costs.

As acknowledged by the defendants, the portion of the order from which this appeal is taken did not decide a motion made on notice (see CPLR 5701[a]) and, therefore, is not appealable as of right. Leave to appeal has not been granted.

BARROS, J.P., CHRISTOPHER, WARHIT and MCCORMACK, JJ., concur.

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