Iodice v City of White Plains

2009 NY Slip Op 01775 [60 AD3d 730]

March 10, 2009

Appellate Division, Second Department

As corrected through Wednesday, May 6, 2009

John Iodice et al., Respondents, v City of White Plains,Appellant, et al., Defendants.

—[*1]Joseph A. Maria, P.C., White Plains, N.Y., for appellant.

In an action, inter alia, to recover damages for injury to property, the defendant City ofWhite Plains appeals from an order of the Supreme Court, Westchester County (O. Bellantoni,J.), entered November 18, 2007, which granted the plaintiffs' motion, among other things, toadjudicate it in contempt of court to the extent of directing a hearing on the issue of its allegedviolation of an order entered May 31, 2007.

Ordered that the appeal is dismissed, without costs or disbursements.

An order directing a judicial hearing on a motion to adjudicate a party in contempt does notdecide the motion, nor does it affect a substantial right (see CPLR 5701 [a] [2] [v]) andis, therefore, not appealable as a matter of right (see Sloboda v Sloboda, 24 AD3d 533, 534 [2005]; Liebling vYankwitt, 109 AD2d 780 [1985]). Moreover, we decline to grant leave to appeal from theorder. Accordingly, the instant appeal must be dismissed (see Kornblum v Kornblum, 34 AD3d 749, 751 [2006]; Palma vPalma, 101 AD2d 812 [1984]). Rivera, J.P., Spolzino, Ritter and Miller, JJ., concur.