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TSIRULNIK v. BOTTON

288 A.D.2d 372 (2001)

733 N.Y.S.2d 633

ROMAN TSIRULNIK, Appellant, v. NATHAN BOTTON, Respondent, et al., Defendant.

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

Decided November 19, 2001.

Ordered that the appeal is 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. Therefore, it is not appealable as of right (see, CPLR 5701 [a] [2] [v]). Any party aggrieved by the judgment entered subsequent to the hearing may take an appeal (see, Liebling v Yankwitt, 109 A.D.2d 780; Astuto v New York...

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