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Metlife Auto & Home v. Zampino

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


September 15, 2009

IN THE MATTER OF METLIFE AUTO & HOME, RESPONDENT,
v.
DEBRA ZAMPINO, APPELLANT.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Debra Zampino appeals from an order of the Supreme Court, Nassau County (Galasso, J.), dated January 29, 2008, which directed a hearing to determine the petitioner's subrogation rights.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and L. PRISCILLA HALL, JJ.

(Index No. 13067/07)

DECISION & ORDER

ORDERED that the appeal from the order is dismissed, without costs or disbursements.

The appeal from the order must be dismissed, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted (see Hochhauser v Electric Insurance Co., 46 AD3d 174, 185), and, in any event, the order was superseded by an order of the same court entered August 8, 2008 (see Matter of MetLife Auto & Home v Zampino,AD3d, Appellate Division Docket No. 2008-08717, decided herewith).

MASTRO, J.P., DICKERSON, ENG and HALL, JJ., concur.

20090915

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