| Hamilton, Kane Martin Enters., Inc. v All 4 Sports & Fitness, Inc., Coastal Rehabilitation Therapy d/b/a Excel Physical Therapy, Diet Shop |
| Motion No: 2007-01361 SC |
| Slip Opinion No: 2007 NYSlipOp 80949(U) |
| Decided on October 12, 2007 |
| 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| HAMILTON, KANE MARTIN ENTERPRISES, INC., Appellant, -against- ALL 4 SPORTS & FITNESS, INC., COASTAL REHABILITATION THERAPY d/b/a EXCEL PHYSICAL THERAPY, THE DIET SHOP, Respondent. |
DECISION
On the court's own motion, appeal is dismissed.
The appeal from a decision of the court below dated May 1, 2007 essentially directed that a hearing be held to determine the issues raised in the nonpayment proceeding. The paper did not decide the matter or affect a substantial right and thus is not appealable as of right (see CCA 1702 [a] [2]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]). Moreover, no appeal lies from a decision (see Farag v Farag, 4 AD3d 502 [2004]).