Summers v. Faust

Appellate Division of the Supreme Court of New York

Summers v. Faust

110 A.D.2d 643, 487 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 48540

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

DecidedApril 1, 1985

StatusPublished

Cited by2 cases

This text of 110 A.D.2d 643 (Summers v. Faust) 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

Summers v. Faust, 110 A.D.2d 643, 487 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 48540 (N.Y. Ct. App. 1985).

Pincite

Opinion

[644]*644An 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 AD2d 962; Warner v Warner, 88 AD2d 639; Sklarin v Sklarin, 86 AD2d 606; Bagdy v Progresso Foods Corp., 86 AD2d 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 [7]; § 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.

Free access — add to your briefcase to read the full text and ask questions with AI

[644]*644An 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 AD2d 962; Warner v Warner, 88 AD2d 639; Sklarin v Sklarin, 86 AD2d 606; Bagdy v Progresso Foods Corp., 86 AD2d 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 [7]; § 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.

Cite This Page — Counsel Stack

Bluebook (online)

110 A.D.2d 643, 487 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 48540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summers-v-faust-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack