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Michael B. Schulman & Associates, P.C v. Igor Khersonsky

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


June 11, 2012

MICHAEL B. SCHULMAN & ASSOCIATES, P.C.,
RESPONDENT,
v.
IGOR KHERSONSKY,
APPELLANT.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated March 16, 2011.

Michael B. Schulman & Assoc., P.C. v Khersonsky

Appellate Term, Second Department

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 11, 2012

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The order denied defendant's motion to vacate an oral decision rendered December 16, 2010, which granted plaintiff's motion to strike defendant's answer and for summary judgment, and to restore plaintiff's motion to the calendar.

ORDERED that the appeal is dismissed.

Plaintiff commenced this action to recover for legal services rendered to defendant. Upon defendant's failure to comply with the terms of an October 6, 2010 order, in which the District Court had set forth a discovery schedule, plaintiff moved to strike defendant's answer, pursuant to CPLR 3126, and for summary judgment. On December 16, 2010, the District Court, in an oral decision, granted plaintiff's motion. Thereafter, defendant sought to vacate the oral decision and to restore plaintiff's motion to the calendar. By order dated March 16, 2011, the District Court denied defendant's motion. Defendant appeals from that order.

Defendant's appeal is dismissed as no appeal lies from an order denying a motion to vacate an oral decision (see Vaglica v Homeyer, 30 AD3d 587 [2006]; Stahl v Stahl, 11 AD2d 943 [1960]; see also Jackson v Jackson, 58 AD3d 686 [2009]; Guella v Hempstead Gardens, 4 AD3d 450 [2004]; Hincapies v New York City Tr. Auth., 1 AD3d 561 [2003]).

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: June 11, 2012

20120611

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