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KOGLER v. NASSAU COUNTY MEDICAL CENTER
Appellate Division of the Supreme Court of New York, Second Department.
Dec 10, 2001
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ORDERED that the appeal is dismissed, with costs.
An order which directs a judicial hearing to aid in the disposition of a motion is not appealable as of right, since it does not affect a substantial right (see, CPLR ยง 5701[v]; Marine Midland Bank v. Rashid, 259 A.D.2d 739; Matter of Town of Babylon v. Taxpayer's Recovery Corp., 240 A.D.2d 417; Bettino v. Bettino, 112 A.D.2d 181), and in the instant case, leave to appeal has not been granted.
McGINITY, J.P., LUCIANO, FEUERSTEIN and PRUDENTI, JJ., concur.
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