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ESTHER DAVIDSON-SAKUMA, APPELLANT, v. THEODORE DWAIN SAKUMA, RESPONDENT.

DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The portion of the order that directs a hearing to aid in the disposition of the issue of the parties' child support obligations does not decide the issue and does not affect a substantial right (see, CPLR 5701[a][2][v]). Therefore, it is not appealable as of right (see, Palma v. Palma, 101 A.D.2d 812). Any party aggrieved by an order entered subsequent to the hearing may take an appeal (see, Liebling v. Yankwitt, 109 A.D.2d 780; Devine v. Devine, 106 A.D.2d 487; Astuto v. New York Univ. Med. Ctr., 97 A.D.2d 805).

To the extent the plaintiff challenges the Supreme Court's determination that the parties properly opted out of the Child Support Standards Act, she is not aggrieved by this determination, as it is a finding of fact which is not independently appealable (see, Clark v. Weiner, 254 A.D.2d 322). There has not yet been a change in the defendant's child support obligation (see, CPLR 5511).

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DAVIDSON-SAKUMA v. SAKUMA
(Feb 20, 2001)