Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

STEWART v. COUNTY OF NASSAU

Appellate Division of the Supreme Court of New York, Second Department.
May 5, 1986

Appeal taken as of right dismissed, with costs.

An order directing a judicial hearing to aid in the disposition of a motion does not decide the motion and does not affect a substantial right (CPLR 5701 [a] [2] [v]), and is, therefore, not appealable as of right (see, Astuto v New York Univ. Med. Center, 97 A.D.2d 805; Bagdy v Progresso Foods Corp., 86 A.D.2d 589, and cases therein cited). We decline to grant leave to appeal to the appellant. Lazer, J.P., Bracken, Lawrence and Kooper, JJ., concur.