Opinion
February 21, 1989
Appeal from the Supreme Court, Nassau County (Meade, J.).
Ordered that the appeals are dismissed, without costs or disbursements.
The subject order, which vacated the findings of a medical malpractice panel and directed that a new panel consider the allegations set forth by the plaintiff, is not appealable as of right (see, Tracy v Islam, 127 A.D.2d 928). Moreover, upon review of the record, we conclude that the defendants have failed to sustain their burden of demonstrating "good cause" so as to warrant granting leave to appeal from the order in question (see, Colligan v Sumner, 112 A.D.2d 265; Kletnieks v Brookhaven Mem. Assn., 53 A.D.2d 169). Accordingly, the within appeal is dismissed, without prejudice to defendants Ide and Levy to argue the merits on appeal, if there is one, from a judgment after trial (see, Needham v County of Nassau, 109 A.D.2d 783; Fallon v Loree, 101 A.D.2d 1014). Mangano, J.P., Brown, Eiber and Harwood, JJ., concur.