Appellate Division of the Supreme Court of New York, 1985

Manufacturers Hanover Trust Co. v. Porcelli

Manufacturers Hanover Trust Co. v. Porcelli
Appellate Division of the Supreme Court of New York · Decided May 6, 1985
111 A.D.2d 175
Manufacturers Hanover Trust Co. v. Porcelli

Opinion of the Court

In a proceeding pursuant to CPLR 5206 (e) to enforce a lien of a judgment on a homestead in which the real property has a value in excess of $10,000, petitioner appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered August 3,1984, which denied petitioner’s application, with leave to renew after a traverse hearing ordered pursuant to a separate motion by respondents to vacate the underlying default judgment.

Appeal dismissed, with costs.

The order appealed from in essence merely directs a judicial hearing to aid in the disposition of a motion. The order does not affect a substantial right and is not appealable as of right (see, Perez v Perez, 100 AD2d 962; Astuto v New York Univ. Med. Center, 97 AD2d 805). Accordingly, the appeal is dismissed. Mollen, P. J., Titone, O’Connor and Rubin, JJ., concur.

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