Opinion
March 29, 1999
Appeal from the order of the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the appeal from the order is dismissed as no appeal lies as of right from an order directing a hearing to aid in the disposition of the motion ( see, CPLR 5701; Bagdy v. Progresso Foods Corp., 86 A.D.2d 589), and leave has not been granted; and it is further,
Ordered that the order and judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Since the defendant had actual notice of the plaintiff's motion, and the plaintiff substantially complied with the service requirements of RPAPL 1371 (2), the trial court, properly fixed the amount of the deficiency existing after the sale of the first parcel and directed the sale of the remaining parcel ( see, Sarasota, Inc. v. Homestead Acres, 249 A.D.2d 290).
The defendant's remaining contentions are without merit.
S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.