State Farm Ins. Co. a/s/o Yana Brodsky v Fm Mgt. Inc. & Henry Rivera

State Farm Ins. Co. a/s/o Yana Brodsky v Fm Mgt. Inc. & Henry Rivera

Motion No: 2009-00982 QC

Slip Opinion No: 2009 NY Slip Op 78649(U)

Decided on July 14, 2009

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, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2009-982 Q C

STATE FARM INSURANCE COMPANY
a/s/o YANA BRODSKY,

Appellant,

-against-

FM MANAGEMENT INC.
and HENRY RIVERA,

Respondents.

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

The appeal from an order of the court below dated March 31, 2009 essentially directed that a traverse hearing be held to aid in the disposition of the underlying motion. The order 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]).