SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department
January 24, 2012
MI KIM, MICHELE BRODERICK AND CHERRY LIM, APPELLANTS,
BRYN SOBELMAN, RESPONDENT.
Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated September 9, 2010.
Mi Kim v Sobelman
Decided on January 24, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ
The order granted defendant's motion to vacate a default judgment.
ORDERED that the appeal is dismissed.
In this small claims action, plaintiffs appeal from an order granting defendant's motion to vacate a default judgment. Since the effect of the order is to require the parties to proceed to trial, the order does not constitute a denial of substantial justice and, therefore, is not appealable (see CCA 1807; Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]; see also Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d & 11th Jud Dists 2006]). Accordingly, the appeal is dismissed.
Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: January 24, 2012
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