Opinion
2001-00319
November 13, 2001.
December 10, 2001.
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.) dated December 6, 2000, as, in effect, held their motion to dismiss the complaint in abeyance and directed a hearing to determine whether the plaintiff lacked the mental capacity to commence the action.
ALFRED F. SAMENGA, County Attorney, Mineola, N.Y. (TARA TALMADGE of counsel), for appellants.
SPELLMAN WALSH RICE SCHURE MARKUS, LLP, Gaden City, N.Y. (CLAUDIO DEBELLIS and STEPHEN P. MARKUS of counsel), for respondent.
Before: LEO F. McGINITY, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, A. GAIL PRUDENTI, JJ.
ORDERED that the appeal is dismissed, with costs.
An order which directs a judicial hearing to aid in the disposition of a motion is not appealable as of right, since it does not affect a substantial right (see, CPLR § 5701[v]; Marine Midland Bank v. Rashid, 259 A.D.2d 739; Matter of Town of Babylon v. Taxpayer's Recovery Corp., 240 A.D.2d 417; Bettino v. Bettino, 112 A.D.2d 181), and in the instant case, leave to appeal has not been granted.
McGINITY, J.P., LUCIANO, FEUERSTEIN and PRUDENTI, JJ., concur.