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CARMELA ASTUTO, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER et al., Defendants, and BYRON MAJOR, Respondent.

In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), entered January 6, 1983, which directed a hearing on the propriety of service of process. Appeal 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, subd [a], par 2, cl [v]), and is, therefore, not appealable as of right (see Bagdy v Progresso Foods Corp., 86 A.D.2d 589, and cases therein cited). Thompson, J.P., Brown, Rubin and Boyers, JJ., concur.

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ASTUTO v. NEW YORK UNIVERSITY MEDICAL CENTER
(Nov 21, 1983)