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IODICE v. WHITE PLAINS

Appellate Division of the Supreme Court of New York, Second Department.
Mar 10, 2009
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Ordered that the appeal is dismissed, without costs or disbursements.

An order directing a judicial hearing on a motion to adjudicate a party in contempt does not decide the motion, nor does it affect a substantial right ( see CPLR 5701 [a] [2] [v]) and is, therefore, not appealable as a matter of right ( see Sloboda v Sloboda, 24 AD3d 533, 534; Liebling v Yankwitt, 109 AD2d 780). Moreover, we decline to grant leave to appeal from the order. Accordingly, the instant appeal must be dismissed ( see Kornblum v Kornblum, 34 AD3d 749, 751; Palma v Palma, 101 AD2d 812).