From Casetext: Smarter Legal Research

Devine v. Devine

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 487 (N.Y. App. Div. 1984)

Opinion

December 17, 1984

Appeal from the Supreme Court, Suffolk County (Geiler, J.).


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 (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). This is true even if the hearing is limited in scope, as in the instant case. Therefore, this appeal is dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal (see Perez v. Perez, supra; Warner v. Warner, supra; Sklarin v. Sklarin, supra). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.


Summaries of

Devine v. Devine

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 487 (N.Y. App. Div. 1984)
Case details for

Devine v. Devine

Case Details

Full title:MARY L. DEVINE, Respondent, v. MILFORD DEVINE, JR., Appellant

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

Date published: Dec 17, 1984

Citations

106 A.D.2d 487 (N.Y. App. Div. 1984)

Citing Cases

Ebony Oil Corporation v. Brooks

Appeal from the order dated March 20, 1984 dismissed. An order by a Supreme Court Justice referring a motion…

Davidson-Sakuma v. Sakuma

The portion of the order that directs a hearing to aid in the disposition of the issue of the parties' child…