Palma v. Palma

Appellate Division of the Supreme Court of New York

Palma v. Palma

101 A.D.2d 812, 474 N.Y.S.2d 990, 1984 N.Y. App. Div. LEXIS 18469

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

DecidedMay 7, 1984

StatusPublished

Cited by26 cases

This text of 101 A.D.2d 812 (Palma v. Palma) 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.

Bluebook

Palma v. Palma, 101 A.D.2d 812, 474 N.Y.S.2d 990, 1984 N.Y. App. Div. LEXIS 18469 (N.Y. Ct. App. 1984).

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Opinion

In a matrimonial action, the plaintiff appeals from an order of the Supreme Court, Westchester County (Palella, J.), entered March 23,1983, which directed that a hearing be held on her motion for leave to enter a money judgment for arrears in child support and counsel fees, and on the defendant’s cross motion for downward modification of the child support provisions in the judgment of divorce between the parties. 11 Appeal dismissed, sua sponte, without costs or disbursements. 11 An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right (see CPLR 5701, subd [a], par 2, cl [v]), and is therefore not appealable as of right (see Perez v Perez, 100 AD2d 962; Warner v Warner, 88 AD2d 639; Sklarin v Sklarin, 86 AD2d 606; Bagdy v Progresso Foods Corp., 86 AD2d 589). The instant appeal is therefore dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal (see Perez v Perez, supra; Warner v Warner, supra; Sklarin [813]*813v Sklarin, supra). Mangano, J. P., Thompson, O’Connor and Boyers, JJ., concur.

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In a matrimonial action, the plaintiff appeals from an order of the Supreme Court, Westchester County (Palella, J.), entered March 23,1983, which directed that a hearing be held on her motion for leave to enter a money judgment for arrears in child support and counsel fees, and on the defendant’s cross motion for downward modification of the child support provisions in the judgment of divorce between the parties. 11 Appeal dismissed, sua sponte, without costs or disbursements. 11 An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right (see CPLR 5701, subd [a], par 2, cl [v]), and is therefore not appealable as of right (see Perez v Perez, 100 AD2d 962; Warner v Warner, 88 AD2d 639; Sklarin v Sklarin, 86 AD2d 606; Bagdy v Progresso Foods Corp., 86 AD2d 589). The instant appeal is therefore dismissed. Any party aggrieved by the order entered subsequent to the hearing may take an appeal (see Perez v Perez, supra; Warner v Warner, supra; Sklarin [813]*813v Sklarin, supra). Mangano, J. P., Thompson, O’Connor and Boyers, JJ., concur.

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Bluebook (online)

101 A.D.2d 812, 474 N.Y.S.2d 990, 1984 N.Y. App. Div. LEXIS 18469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palma-v-palma-nyappdiv-1984.

Opinion

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