Opinion
June 29, 1998
Appeal from the Supreme Court, Nassau County (Kohn, J.).
Ordered that the appeal from so much of the order as denied reargument is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a hearing in accordance herewith.
The Supreme Court's award of $4,000, based solely on the defendant mother's unsubstantiated assertions and estimates, without an offer of proof, cannot be sustained. As determined in the plaintiff father's appeal from a prior order dated May 12, 1997 ( Morris v. Morris, 251 A.D.2d 637 [decided herewith]), a hearing to determine the amount, if any, of the father's financial obligation under the parties' settlement agreement is required before an award can be made. An evidentiary hearing on attorney's fees is also required where a stipulation by the parties to the contrary is absent ( see, Morris v. Morris, supra; Santora v. Nicolini, 237 A.D.2d 504, 505; Petritis v. Petritis, 131 A.D.2d 651, 654).
Rosenblatt, J. P., O'Brien, Krausman and Goldstein, JJ., concur.