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Astuto v. New York University Medical Center

97 A.D.2d 805 Court N.Y. App. Div. Decision date 1983-11-21 English

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p. 805
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,

p. 806
therefore, not appealable as of right (see Bagdy v Progresso Foods Corp., 86 AD2d 589 , and cases therein cited). Thompson, J. P., Brown, Rubin and Boyers, JJ., concur.

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