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MATTER OF BRIEDIS v. BRIGGS

Appellate Division of the Supreme Court of New York, Second Department.
Apr 21, 1986

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.