Ordered that the appeal is dismissed, without costs or disbursements.
It is well settled that an order granting a mistrial motion and rulings made by the trial court are not appealable (see, CPLR 5501; Mecca v. Connelly, 150 A.D.2d 353; City of Elmira v. Larry Walter, Inc., 111 A.D.2d 553; Leiner v. Howard's Appliance, 104 A.D.2d 634, 635; Brown v. Micheletti, 97 A.D.2d 529; Graney Dev. Corp. v. Taksen, 66 A.D.2d 1008). Accordingly, the appeal must be dismissed. Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.