Opinion
May 1, 1989
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
It is well settled that an order granting a mistrial motion is not appealable (see, CPLR 5501; City of Elmira v Larry Walter, Inc., 111 A.D.2d 553; Graney Dev. Corp. v Taksen, 66 A.D.2d 1008 [and cases cited therein]). Accordingly, this appeal must be dismissed. Kunzeman, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.