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HENNING v. RITZ
Appellate Division of the Supreme Court of New York, Second Department.
Oct 30, 2007
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Ordered that the appeal is dismissed, with costs.
An order directing a hearing to aid in the determination of a motion does not dispose of the motion and does not affect a substantial right, and therefore is not appealable as of right ( see CPLR 5701 [a] [2] [v]; Kornblum v Kornblum, 34 AD3d 749; Berliner v Berliner, 294 AD2d 524). Any party aggrieved by an order entered subsequent to the hearing may take an appeal from that order ( see Berliner v Berliner, 294 AD2d at 525). Since leave to appeal has not been granted, we dismiss the appeal.
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