Hargrave v. Fresher

Mikoll, J. P.

(dissenting). I would affirm Supreme Court’s order.

*679When a disposition rendered by Supreme Court prior to final judgment, including a disposition relating to procedure, is embodied in an order issued by Supreme Court, such order is independently appealable to the Appellate Division at the option of the aggrieved party (see, CPLR 5701 [a] [2] [v]). The motion must be made on notice to all parties and if the resulting order affects a substantial right of a party, the order is likely to be appealable.

This Court has routinely heard and decided appeals from orders of Supreme Court…