IN RE: JAGHAB & JAGHAB (1998)

In a proceeding to fix the amount of a lien for counsel fees under Judiciary Law § 475, John Marshall and Blanca Mena appeal from (1) an order of the Supreme Court, Nassau County (Adams, J.), dated November 26, 1997, which directed a hearing on the petition for a lien, and (2) an order of the same court, dated February 2, 1998, which, after the hearing, granted the petitioner a lien for counsel fees in the amount of $2,550.

ORDERED that the appeal from the order dated November 26, 1997, is dismissed;  and it is further,

ORDERED that the order dated February 2, 1998, is reversed, on the law, the petition is denied, and the proceeding is dismissed on the merits, and it is further,

ORDERED that the appellant is awarded one bill of costs payable by the petitioner-respondent.

 The order dated November 26, 1997, which directed a judicial hearing in aid of the disposition of the petitioner's application for a counsel fee lien, does not affect a substantial right (see, CPLR 5701[a][2][v] ), and is therefore not appealable as of right (see, Singer v. Singer, 170 A.D.2d 496, 566 N.Y.S.2d 532).

 Since the petitioner law firm neither appeared as attorney of record in an action or proceeding (Judiciary Law § 475) nor filed a proper notice of lien pursuant to Judiciary Law § 475-a, it was not entitled to a charging lien under the Judiciary law (see, Cataldo v. Budget Rent A Car Corp., 226 A.D.2d 574, 641 N.Y.S.2d 122;  Ebert v. New York City Health & Hosps. Corp., 210 A.D.2d 292, 292-293, 619 N.Y.S.2d 756;  Matter of Taylor, Jacoby & Campo, 208 A.D.2d 400, 617 N.Y.S.2d 168;  Matter of Robinson, 100 A.D.2d 724, 473 N.Y.S.2d 657;  cf., Klein v. Eubank, 87 N.Y.2d 459, 640 N.Y.S.2d 443, 663 N.E.2d 599;  Rodriguez v. City of New York, 66 N.Y.2d 825, 827, 498 N.Y.S.2d 351, 489 N.E.2d 238).

In light of our determination, we need not reach the parties' remaining contentions.

MEMORANDUM BY THE COURT.