Kogler v. Nassau County Medical Center

• Decision Date: 10 December 2001
• Parties: ELIZABETH KOGLER, Respondent,<BR>v.<BR>NASSAU COUNTY MEDICAL CENTER et al., Appellants.
• Court: New York Supreme Court — Appellate Division

289 A.D.2d 298

734 N.Y.S.2d 867

ELIZABETH KOGLER, Respondent,

v.NASSAU COUNTY MEDICAL CENTER et al., Appellants.

Decided December 10, 2001.

McGinity, J. P., Luciano, Feuerstein and Prudenti, JJ., concur.

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 [a] [2] [v]; Marine Midland Bank v Rashid, 259 AD2d 739; Matter of Town of Babylon v Taxpayer's Recovery Corp., 240 AD2d 417; Bettino v Bettino, 112 AD2d 181), and in the instant case, leave to appeal has not been granted.