Opinion
April 1, 1985
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Appeal dismissed, sua sponte, without costs or disbursements.
An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right ( see, CPLR 5701 [a] [2] [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). The issue of counsel fees is inextricably intertwined with the merits of that branch of the motion which was to dismiss the father's petition ( see, Domestic Relations Law § 75-h; § 75-i [3]) and cannot be determined until after the hearing. The instant appeal is therefore dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal ( Perez v. Perez, supra; Sklarin v. Sklarin, supra). Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.