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DEVINE v. DEVINE
Appellate Division of the Supreme Court of New York, Second Department.
Dec 17, 1984
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 A.D.2d 962; Warner v. Warner, 88 A.D.2d 639; Sklarin v. Sklarin, 86 A.D.2d 606; Bagdy v. Progresso Foods Corp., 86 A.D.2d 589). This is true even if the hearing is limited in scope, as in the instant case. Therefore, this appeal is 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 v. Sklarin, supra). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.
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