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Chaimowitz v. Goldschmidt

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1982
87 A.D.2d 882 (N.Y. App. Div. 1982)

Opinion

April 26, 1982


In a matrimonial action, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Slifkin, J.), entered September 2, 1981, as directed that a hearing be held on the issues raised by her cross motion for a money judgment. Appeal dismissed, sua sponte, without costs or disbursements. That portion of the order from which an appeal is sought is merely a ruling that the issue of whether to grant the plaintiff's cross motion for a money judgment could not be determined on the papers submitted for Special Term's consideration and that a full hearing is required. In Sklarin v Sklarin ( 86 A.D.2d 606), we held that an order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right (see CPLR 5701, subd [a], par 2, cl [v]), and is therefore not appealable as of right. In accordance therewith, the instant appeal is dismissed. An appeal will lie from the order entered subsequent to the hearing. Titone, J.P., Lazer, Niehoff and Rubin, JJ., concur.


Summaries of

Chaimowitz v. Goldschmidt

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1982
87 A.D.2d 882 (N.Y. App. Div. 1982)
Case details for

Chaimowitz v. Goldschmidt

Case Details

Full title:ANN G. CHAIMOWITZ, Appellant, v. GERSON GOLDSCHMIDT, Respondent

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

Date published: Apr 26, 1982

Citations

87 A.D.2d 882 (N.Y. App. Div. 1982)

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