Opinion
November 30, 1998
Appeal from the Family Court, Dutchess County (Pagones, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
Following the custody hearing, the mother consented to the father's petition for sole custody. No appeal lies from an order entered upon consent of the appealing party, since a party who consents to an order is not aggrieved thereby ( see, CPLR 5511; Matter of Lockett S. v. Onya S., 247 A.D.2d 622; Matter of Charles v. Lewis, 224 A.D.2d 687). Furthermore, no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion ( see, 6 Davis Assocs. v. Rye Castle Apt. Owners, 242 A.D.2d 528; Breiterman v. Chemical Bank, 144 A.D.2d 325). The mother's failure to appeal from the judgment entered after the hearing to determine attorney's fees precludes review of her instant claim concerning the award of such fees.
Bracken, J. P., Miller, Ritter and Thompson, JJ., concur.