| Brown v Dodd |
| 2008 NY Slip Op 52462(U) [21 Misc 3d 143(A)] |
| Decided on December 3, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Bruce E.
Scheckowitz, J.), dated February 4, 2008. The order set tenant's motion to be restored to
possession down for a hearing.
Appeal dismissed.
No appeal lies as from an order which directs a hearing to aid in the disposition of a motion (Hochhauser v Electric Ins. Co., 46 AD3d 174, 185 [2007]; Astuto v New York Univ. Med. Ctr., 97 AD2d 805 [1983]).
We note that in his brief on appeal, tenant argues, in essence, that the February 7, 2008 stipulation of settlement was improperly entered into and should be vacated. However, that argument was not raised in the motion which is the subject of this appeal.
Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: December 03, 2008