Opinion
February 11, 1991
Appeal from the Supreme Court, Westchester County (Burrows, J.).
Ordered that the is appeal is dismissed, with costs.
It is well settled that an order granting a hearing to aid in the disposition of a motion does not decide the motion (see, CPLR 5701 [a] [2]), and therefore is not appealable as of right (see, Breiterman v Chemical Bank, 144 A.D.2d 325; Kromholz v Notey, 121 A.D.2d 668; Bettino v Bettino, 112 A.D.2d 181; Liebling v Yankwitt, 109 A.D.2d 780; De Santis v De Santis, 107 A.D.2d 734). The wife purports to appeal from that portion of the court's order which directs a hearing on the husband's application for modification of his maintenance obligation. That portion of the order is not appealable as of right. Since she has not applied for leave to appeal, the instant appeal is dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal. Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.