Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentApr 17, 1995
214 A.D.2d 678 (N.Y. App. Div. 1995)
214 A.D.2d 678625 N.Y.S.2d 930

April 17, 1995

Appeal from the Supreme Court, Queens County.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied in its entirety; and it is further,

Ordered that the cross motion is granted and the appeal is dismissed.

No statutory authority exists permitting an appeal to be taken from an order made under CPL 730.50 (2) (see, CPL 450.10 et seq.; People v Mardulana, 74 N.Y.2d 840). To the extent that Matter of Thomas C. ( 196 A.D.2d 393) may be taken as holding to the contrary, it is overruled. The question of the appealability of such an order was not considered in that case. Bracken, J.P., Joy, Hart and Friedmann, JJ., concur.