CPLR § 5701 Appeals to appellate division from supreme and county courts
Barry v Barry, 2009 NY Slip Op 02310 (App. Div., 2nd, 2009)
The modification of the defendant's visitation rights did not decide a
motion made on notice, and no appeal lies as of right from such an
order (see CPLR 5701[a][2]). Nor has leave to appeal been granted (see CPLR
5701[c]). To obtain appellate review, the defendant must move to vacate
or modify the order, and appeal, if necessary, from the resulting order
(see Sholes v Meagher, 100 NY2d 333; Egwuonwu v Simpson, 4 AD3d 500; Koczen v VMR Corp., 300 AD2d 285).
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