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Neama v. Town of Babylon
Citations: 266 A.D.2d 364; 698 N.Y.S.2d 163; 1999 N.Y. App. Div. LEXIS 11508
Court: Appellate Division of the Supreme Court of the State of New York; November 14, 1999; New York; State Appellate Court
In a proposed class action involving commercial property owners seeking to recover a portion of a special tax assessment, the defendants appealed an order from the Supreme Court of Suffolk County, dated August 19, 1998. This order granted the plaintiffs' motion for reargument, which reversed a prior order from August 21, 1997, that had denied the plaintiffs' motion for class certification and partial summary judgment while granting the defendants' motion for summary judgment to dismiss the complaint. The court also directed a hearing to determine whether the plaintiffs were overcharged and entitled to a refund, while holding the class certification motion in abeyance. The appeal was dismissed with costs. Although an order granting reargument is typically appealable, in this case, the Supreme Court did not resolve the defendants' cross motion for summary judgment or the plaintiffs' motion for summary judgment but instead called for a limited hearing to aid in the motions' resolution. It is established that no appeal lies as of right from an order directing a hearing related to a motion, as it does not affect a substantial right. Additionally, the vacating of the denial of the plaintiffs' class certification motion did not lead to a decision on that motion but rather postponed it pending the hearing's outcome. The judges concurred in the dismissal of the appeal.