Giuseppe Decaro v Linda Strumpf d/b/a Us Equities Corp.

Giuseppe Decaro v Linda Strumpf d/b/a Us Equities Corp.

Motion No: 2006-00672 qc

Slip Opinion No: 2006 NYSlipOp 71100(U)

Decided on June 27, 2006

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2006-672 Q C

GIUSEPPE DECARO,

Respondent,

-against-

LINDA STRUMPF D/B/A
US EQUITIES CORP.,

Appellant.

DECISION

Motion by appellant to stay trial is denied.

On the court's own motion, appeal is dismissed.

No appeal lies from an intermediate order prior to judgment in a small claims action where the only result of said order is that the matter must proceed to trial (see Jaysons Interiors v Leopold, 158 Misc 2d 994 [1993]).