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Matter of Summers v. Faust

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 643 (N.Y. App. Div. 1985)

Opinion

April 1, 1985

Appeal from the Supreme Court, Nassau County (Brucia, J.).


Appeal dismissed, sua sponte, without costs or disbursements.

An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right ( see, CPLR 5701 [a] [2] [v]), and is therefore not appealable as of right ( see, Perez v. Perez, 100 A.D.2d 962; Warner v. Warner, 88 A.D.2d 639; Sklarin v. Sklarin, 86 A.D.2d 606; Bagdy v. Progresso Foods Corp., 86 A.D.2d 589). The issue of counsel fees is inextricably intertwined with the merits of that branch of the motion which was to dismiss the father's petition ( see, Domestic Relations Law § 75-h; § 75-i [3]) and cannot be determined until after the hearing. The instant appeal is therefore dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal ( Perez v. Perez, supra; Sklarin v. Sklarin, supra). Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.


Summaries of

Matter of Summers v. Faust

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 643 (N.Y. App. Div. 1985)
Case details for

Matter of Summers v. Faust

Case Details

Full title:In the Matter of JAMES L. SUMMERS, Respondent, v. ABIGAIL FAUST, Sued…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1985

Citations

110 A.D.2d 643 (N.Y. App. Div. 1985)

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