Opinion
November 7, 1988
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the appeal from the order dated June 9, 1987 is dismissed, without costs or disbursements, as that order was superseded by the order dated August 5, 1987, made upon reargument; and it is further,
Ordered that the appeal from the order dated August 5, 1987 is dismissed, without costs or disbursements.
The order dated August 5, 1987, which directs a judicial hearing to aid in the disposition of the petition, does not decide the petition and does not affect a substantial right (CPLR 5701 [a] [2] [v]), and is, therefore, not appealable as of right. Thus, the instant appeal is dismissed. Any party aggrieved by the judgment entered subsequent to the hearing may take an appeal (see, Liebling v. Yankwitt, 109 A.D.2d 780; Devine v. Devine, 106 A.D.2d 487; Astuto v. New York Univ. Med. Center, 97 A.D.2d 805). Kunzeman, J.P., Weinstein, Kooper and Balletta, JJ., concur.