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NEAMA v. TOWN OF BABYLON

266 A.D.2d 364 (1999)

698 N.Y.S.2d 163

RALPH NEAMA et al., Individually and on Behalf of All Others Similarly Situated, Respondents, v. TOWN OF BABYLON et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 15, 1999.

Ordered that the appeal is dismissed, with costs.

While an order granting reargument is appealable, here, upon granting reargument, the Supreme Court did not decide the defendants' cross motion for summary judgment or the plaintiffs' motion for summary judgment, but directed a limited hearing on the motions. It is well settled that no appeal lies as of right from an order directing a hearing to aid in the disposition of a motion since such an order does not affect...

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