Opinion
July 11, 1983
Appeal from the Supreme Court, Erie County, Gossel, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Moule and Schnepp, JJ.
Appeal unanimously dismissed, without costs. Memorandum: Special Term's order "requiring all future motions and proceedings [herein] to be heard in the Eighth Judicial District by the medical malpractice judge who is assigned by the administrative judge" is not an order affecting a substantial right in an action within the meaning of CPLR 5701 (subd [a], par 2, cl [v]) and thus is not appealable. Were we to reach the merits, we would hold that since a rule or regulation cannot enlarge or abridge rights conferred by statute ( Moot v Moot, 214 N.Y. 204, 211; People ex rel. Mayor of City of N.Y. v Nichols, 79 N.Y. 582, 592), Special Term's directive is a nullity ( Broome County Farmers' Fire Relief Assn. v New York State Elec. Gas Corp., 239 App. Div. 304, 306, affd 264 N.Y. 614).