Opinion
Submitted January 4, 2001
February 20, 2001.
In a matrimonial action in which the parties were divorced by judgment dated August 18, 1995, the plaintiff wife appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated June 25, 1999, which directed a hearing to aid in the disposition of the issue of the parties' child support obligations and determined that the parties properly opted out of the Child Support Standards Act in their stipulation of settlement.
Carl F. Wand, Huntington, N.Y. (Chad M. Powers of counsel), for appellant.
Fredman Kosan, LLP, White Plains, N.Y. (Neil A. Fredman and Susan G. Yellen of counsel), for respondent.
Before: SANTUCCI, J.P., S. MILLER, FRIEDMANN and GOLDSTEIN, JJ., concur.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The portion of the order that directs a hearing to aid in the disposition of the issue of the parties' child support obligations does not decide the issue and does not affect a substantial right (see, CPLR 5701[a][2][v]). Therefore, it is not appealable as of right (see, Palma v. Palma, 101 A.D.2d 812). Any party aggrieved by an order 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. Ctr., 97 A.D.2d 805).
To the extent the plaintiff challenges the Supreme Court's determination that the parties properly opted out of the Child Support Standards Act, she is not aggrieved by this determination, as it is a finding of fact which is not independently appealable (see, Clark v. Weiner, 254 A.D.2d 322). There has not yet been a change in the defendant's child support obligation (see, CPLR 5511).