Stephen Tarnofsky v Thomas F. Liotti
Motion No: 2008-01403 NC
Slip Opinion No: 2008 NYSlipOp 83242(U)
Decided on August 26, 2008
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., McCABE and SCHEINKMAN, JJ.

NO. 2008-1403 N C
STEPHEN TARNOFSKY,

Respondent,

-against-

THOMAS F. LIOTTI,

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]).

McCabe, J. taking no part.