Opinion
2008-1228 K C.
Decided December 3, 2008.
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.
PRESENT: WESTON PATTERSON, J.P., GOLIA and STEINHARDT, JJ.
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; Astuto v New York Univ. Med. Ctr., 97 AD2d 805).
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.