Hyperlawhypertext legal database Manufacturers Hanover Trust Co. v. Porcelli 111 A.D.2d 175

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Manufacturers Hanover Trust Co. v. Porcelli

111 A.D.2d 175 Court N.Y. App. Div. Decision date 1985-05-06 English

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p. 175
In the Matter of Manufacturers Hanover Trust Company, Appellant, v Juan C. Porcelli et al., Respondents.

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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