Job Kuruppasseril v Richard Caputo
Motion No: 2006-01052 wc
Slip Opinion No: 2006 NYSlipOp 74848(U)
Decided on August 17, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.

NO. 2006-1052 W C
JOB KURUPPASSERIL,

Respondent,

-against-

RICHARD CAPUTO,

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]).