| Kelly Gebbia v Robin Schulder |
| Motion No: 2009-01438 QC |
| Slip Opinion No: 2009 NY Slip Op 83100(U) |
| Decided on September 11, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| KELLY GEBBIA, Respondent, -against- ROBIN SCHULDER, Appellant. |
DECISION
Motion by defendant for stay of trial denied.
On the court's own motion, appeal dismissed.
No appeal lies from the order denying appellant's motion to dismiss the small claims action (Walsh v Vishnick, 12 Misc 3d 131[A], 2006 NY Slip Op 51054[U] [App Term, 9th & 10th Jud Dists 2006]; Simmons v Apple Bank for Sav., 172 Misc 2d 373 [App Term, 9th & 10th Jud Dists 1997]).