—Appeal unanimously dismissed without costs. Memorandum: No appeal as of right to this Court lies from an order setting forth a schedule for the completion of discovery and the date for a pretrial conference where the order is granted in the absence of a motion on notice (see, CPLR 5701 [a] [2]). (Appeal from Order of Supreme Court, Niagara County, Fahey, J.—Discovery.) Present—Denman, P. J., Green, Pine, Balio and Fallon, JJ.
John Wellington, Respondent, v. Mark Grossman, Appellant, et al., Defendant
245 A.D.2d 1130669 N.Y.S.2d 116
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