Dunbar v. Hunter

OPINION OF THE COURT

The respondent, by his attorney, has filed an objection to *707the hearing examiner’s denial of his motion to dismiss for failure to state a cause of action (CPLR 3211 [a] [7]).

Family Court Act § 439 (e) provides in part that the "determination of a hearing examiner shall include findings of fact and a final order * * * The parties may submit to a judge within thirty days after entry of the order specific written objections to such order * * * The final order of a hearing examiner, after objections have been reviewed by a judge, may be appealed pursuant to article eleven of this act” (emphasis added). We hold that no objection as of right lies from an interlocutory order* denying a motion to dismiss a support proceeding. An objection to the final order may bring up for review "any non-final judgment or order which necessarily affects the final judgment” (CPLR 5501 [a] [1]; see also, Family Ct Act § 1112 [a] [generally limiting appeals as of right to dispositional (i.e., final) orders]).

Assuming, arguendo, that the court may entertain the objection as a matter of discretion, I decline to do so.

The objection is dismissed, with leave to renew on an objection to the final order.