| Colin L. Mcdonald v Akiva Emergi |
| Motion No: 2011-00407 qc |
| Slip Opinion No: 2011 NY Slip Op 68597(U) |
| Decided on March 28, 2011 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Colin L. McDonald, Respondent, v Akiva Emergi, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 18, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that the motion by appellant for a stay is denied as academic.
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]).
ENTER:
Paul Kenny
Chief Clerk