From Casetext: Smarter Legal Research

Astuto v. New York University Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1983
97 A.D.2d 805 (N.Y. App. Div. 1983)

Opinion

November 21, 1983


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.


Summaries of

Astuto v. New York University Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1983
97 A.D.2d 805 (N.Y. App. Div. 1983)
Case details for

Astuto v. New York University Medical Center

Case Details

Full title:CARMELA ASTUTO, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 1983

Citations

97 A.D.2d 805 (N.Y. App. Div. 1983)

Citing Cases

Tsirulnik v. Botton

An order directing a judicial hearing to aid in the disposition of a motion does not decide the motion and…

Stewart v. County of Nassau

Appeal taken as of right dismissed, with costs. An order directing a judicial hearing to aid in the…