Manufacturers Hanover Trust Co. v. Porcelli

Appellate Division of the Supreme Court of New York

Manufacturers Hanover Trust Co. v. Porcelli

111 A.D.2d 175

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 6, 1985

StatusPublished

Cited by5 cases

This text of 111 A.D.2d 175 (Manufacturers Hanover Trust Co. v. Porcelli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Manufacturers Hanover Trust Co. v. Porcelli, 111 A.D.2d 175 (N.Y. Ct. App. 1985).

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Opinion

In a proceeding pursuant to CPLR 5206 (e) to enforce a lien of a judgment on a homestead in which the real property has a value in excess of $10,000, petitioner appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered August 3,1984, which denied petitioner’s application, with leave to renew after a traverse hearing ordered pursuant to a separate motion by respondents to vacate the underlying default judgment.

Appeal dismissed, with costs.

The order appealed from in essence merely directs a judicial hearing to aid in the disposition of a motion. The order does not affect a substantial right and is not appealable as of right (see, Perez v Perez, 100 AD2d 962; Astuto v New York Univ. Med. Center, 97 AD2d 805). Accordingly, the appeal is dismissed. Mollen, P. J., Titone, O’Connor and Rubin, JJ., concur.

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In a proceeding pursuant to CPLR 5206 (e) to enforce a lien of a judgment on a homestead in which the real property has a value in excess of $10,000, petitioner appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered August 3,1984, which denied petitioner’s application, with leave to renew after a traverse hearing ordered pursuant to a separate motion by respondents to vacate the underlying default judgment.

Appeal dismissed, with costs.

The order appealed from in essence merely directs a judicial hearing to aid in the disposition of a motion. The order does not affect a substantial right and is not appealable as of right (see, Perez v Perez, 100 AD2d 962; Astuto v New York Univ. Med. Center, 97 AD2d 805). Accordingly, the appeal is dismissed. Mollen, P. J., Titone, O’Connor and Rubin, JJ., concur.

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Bluebook (online)

111 A.D.2d 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-hanover-trust-co-v-porcelli-nyappdiv-1985.

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