Opinion
November 13, 1989
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, for reasons stated by Justice O'Shaughnessy at the Supreme Court; and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements.
So much of the order dated December 2, 1988, as directs a judicial hearing to aid in the disposition of the petition does not decide the petition and does not affect a substantial right (CPLR 5701 [a] [2] [v]), and is, therefore, not appealable as of right. Thus, the instant cross appeal is dismissed.
We agree with the Supreme Court that the judgment as originally entered was not in conformity with the order of the same court entered July 7, 1988. Accordingly, the judgment was properly vacated. Brown, J.P., Lawrence, Eiber and Spatt, JJ., concur.