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ROSETTA DIOGUARDI, Respondent, v. FLUSHING HOSPITAL MEDICAL CENTER, Defendant, and N.C. SHAH, Appellant.

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

No appeal as of right lies from an order which directs a judicial hearing to aid in the disposition of a motion (see, Astuto v. New York Univ. Med. Center, 97 A.D.2d 805). Thus, the appeal from the order dated September 17, 1987 is dismissed and review of the superseding order dated January 25, 1988, which merely adhered to the court's original determination directing a hearing and did not decide the motion to dismiss, is inappropriate. Lawrence, J.P., Sullivan, Harwood and Balletta, JJ., concur.

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DIOGUARDI v. FLUSHING HOSPITAL MEDICAL CTR
(Apr 24, 1989)