Opinion
2001-07817
Submitted April 15, 2002
May 28, 2002.
In a matrimonial action in which the parties were divorced by judgment entered August 7, 2000, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (O'Rourke, J.), dated August 1, 2001, as directed a hearing to aid in the disposition of his motion, inter alia, to terminate his maintenance obligation to the defendant.
Johnson Cohen, LLP, Pearl River, N.Y. (Martin T. Johnson of counsel), for appellant.
Brown, Burgoon Hartnagel, P.C., Nanuet, N.Y. (William J. Hartnagel of counsel), for respondent.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
An order directing a judicial hearing to aid in the disposition of a motion does not decide the motion and does not affect a substantial right. Therefore, it is not appealable as of right (see CPLR 5701[a][2][v]; Davidson-Sakuma v. Sakuma, 280 A.D.2d 577; Palma v. Palma, 101 A.D.2d 812). Any party aggrieved by an order entered subsequent to the hearing may take an appeal from that order (see Liebling v. Yankwitt, 109 A.D.2d 780).
SANTUCCI, J.P., ALTMAN, S. MILLER and McGINITY, JJ., concur.