MECCA v. CONNELLY

Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that an order granting a mistrial motion is not appealable (see, CPLR 5501; City of Elmira v Larry Walter, Inc., 111 A.D.2d 553; Graney Dev. Corp. v Taksen, 66 A.D.2d 1008 [and cases cited therein]). Accordingly, this appeal must be dismissed. Kunzeman, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.