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Breiterman v. Chemical Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 325 (N.Y. App. Div. 1988)

Opinion

November 7, 1988

Appeal from the Supreme Court, Queens County (Leviss, J.).


Ordered that the appeal from the order dated June 9, 1987 is dismissed, without costs or disbursements, as that order was superseded by the order dated August 5, 1987, made upon reargument; and it is further,

Ordered that the appeal from the order dated August 5, 1987 is dismissed, without costs or disbursements.

The order dated August 5, 1987, which directs a judicial hearing to aid in the disposition of the petition, does not decide the petition and does not affect a substantial right (CPLR 5701 [a] [2] [v]), and is, therefore, not appealable as of right. Thus, the instant appeal is dismissed. Any party aggrieved by the judgment entered subsequent to the hearing may take an appeal (see, Liebling v. Yankwitt, 109 A.D.2d 780; Devine v. Devine, 106 A.D.2d 487; Astuto v. New York Univ. Med. Center, 97 A.D.2d 805). Kunzeman, J.P., Weinstein, Kooper and Balletta, JJ., concur.


Summaries of

Breiterman v. Chemical Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 325 (N.Y. App. Div. 1988)
Case details for

Breiterman v. Chemical Bank

Case Details

Full title:ELEANOR BREITERMAN, Appellant, v. CHEMICAL BANK et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1988

Citations

144 A.D.2d 325 (N.Y. App. Div. 1988)

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