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In the Matter of VIDMANTAS K. BRIEDIS, Respondent, v. TAYLOR BRIGGS et al., Appellants.

Appeal from the order dismissed, without costs or disbursements. An order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (Bagdy v. Progresso Foods Corp., 86 A.D.2d 589; Astuto v. New York Univ. Med. Center, 97 A.D.2d 805). In any case, an order in a proceeding pursuant to CPLR article 78 is not appealable as of right (see, CPLR 5701 [b] [1]).

Judgment affirmed, without costs or disbursements, for reasons stated by Justice Walsh in his decision at Special Term. Niehoff, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.

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MATTER OF BRIEDIS v. BRIGGS
(Apr 21, 1986)