Beharry v. Guzman
Opinion of the Court
In an action, inter alia, to recover damages, in effect, for employment discrimination in violation of Executive Law § 296, the defendants North Shore-Long Island Jewish Health System and North Shore University Hospital, Inc., appeal from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated March 10, 2005, as referred to the trial court those branches of their motion which were to impose a sanction on the plaintiffs attorney, and for an award of costs, including an attorney’s fee, pursuant to 22 NYCRR 130-1.1.
Ordered that the appeal is dismissed, without costs or disbursements.
Alleging that the plaintiff’s counsel engaged in frivolous
A party may not appeal as of right from so much of an order that merely defers disposition of a motion until tried (see CPLR 5701 [a] [2] [v]; Kaplan v Rosiello, 16 AD3d 626, 626-627 [2005]; Weissman v Weissman, 8 AD3d 264, 265 [2004]; J & A Vending v JAM. Vending, 268 AD2d 504, 505 [2000]). Accordingly, the appeal must be dismissed, as leave to appeal has not been granted (see Kaplan v Rosiello, supra; Weissman v Weissman, supra). Miller, J.P, Goldstein, Mastro and Dillon, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.