5701 and Appellate Procedure

CPLR § 5701 Appeals to appellate division from supreme and county courts

US Bank Natl. Assn. v Cange, 2012 NY Slip Op 04735 (2nd Dept. 2012)

The appeal from the order dated September 20, 2011, must be dismissed, as it was superseded by the order entered December 22, 2011. In any event, "[a]n order directing a hearing to aid in the determination of a motion does not dispose of the motion and does not affect a substantial right, and therefore is not appealable as of right" (Kornblum v Kornblum, 34 AD3d 749, 751; see CPLR 5701[a][2][v]; Iodice v City of White Plains, 60 AD3d 730) and leave to appeal from the order dated September 20, 2011, was not granted.

Baez v First Liberty Ins. Corp., 95 AD3d 1250 (2nd Dept. 2012)

The defendant appeals from so much of the order as made that determination. The appeal must be dismissed, however, as findings of fact and conclusions of law are not independently appealable (see Soehngen v Soehngen, 58 AD3d 829, 830 [2009]; Higgins v Higgins, 50 AD3d 852, 852 [2008]; Cosh v Cosh, 45 AD3d 798, 799 [2007]; Griggs v Griggs, 44 AD3d 710, 711 [2007]; ELRAC, Inc. v Belessis, 303 AD2d 445, 446 [2003]; Naar v Litwak & Co., 260 AD2d 613, 614 [1999]).

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