Legal Opinion

Astuto v. New York University Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1983PublishedCited by 21 opinions

1Opinion 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.

2Cases cited1 opinion

  1. Bagdy v. Progresso Foods Corp.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by21 opinions

  1. Bettino v. BettinoAppellate Division of the Supreme Court of the State of New York · 1985
  2. Liebling v. YankwittAppellate Division of the Supreme Court of the State of New York · 1985
  3. DeFilippis v. PerezAppellate Division of the Supreme Court of the State of New York · 1989
  4. Davidson-Sakuma v. SakumaAppellate Division of the Supreme Court of the State of New York · 2001
  5. McClure v. D'ApiceAppellate Division of the Supreme Court of the State of New York · 1986

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