DEUTSCHE BANK NATIONAL TRUST COMPANY v. SPANOS (2025)

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Nassau County (David P. Sullivan, J.), entered May 13, 2022.  The order granted the separate motions of the defendant Demetres Spanos and the defendant Isadora Sidroula Spanos for an award of attorneys' fees pursuant to Real Property Law § 282 to the extent of directing a hearing on that issue.

ORDERED that the appeal is dismissed, without costs or disbursements.

The defendant Demetres Spanos correctly contends that this appeal must be dismissed.  “ ‘An order which directs a judicial hearing to aid in the disposition of a motion is not appealable as of right because it does not decide the motion, and does not affect a substantial right’ ” (Akerman v. Akerman, 53 A.D.3d 633, 633, 862 N.Y.S.2d 383, quoting D'Agnese v. Spinelli, 308 A.D.2d 561, 562, 764 N.Y.S.2d 878).  Thus, the order entered May 13, 2022, is not appealable as of right, and leave to appeal has not been granted (see Perry v. McMahan, 164 A.D.3d 1488, 1489, 84 N.Y.S.3d 508).

BARROS, J.P., CHRISTOPHER, TAYLOR and MCCORMACK, JJ., concur.