Appellate Division of the Supreme Court of New York, 1983

Astuto v. New York University Medical Center

Astuto v. New York University Medical Center
Appellate Division of the Supreme Court of New York · Decided November 21, 1983
97 A.D.2d 805; 468 N.Y.S.2d 671; 1983 N.Y. App. Div. LEXIS 20573
Astuto v. New York University Medical Center

Opinion of the Court

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, *806therefore, 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.