SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
August 31, 2012
Appeal from an order of the Civil Court of the City of New York, Kings County (In-grid Joseph, J.), entered December 15, 2010.
Shaw v Okenwa
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2012
PRESENT: PESCE, P.J., RIOS and SOLOMON, JJ
The order denied defendant's motion to dismiss the action.
ORDERED that the appeal is dismissed.
In this small claims action, defendant appeals from an order of the Civil Court denying his motion to dismiss. 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; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term 2d & 11th Jud Dists 2006]; see also Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]). Accordingly, the appeal is dismissed.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: August 31, 2012
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