| Jesus M. Benedicto v Domingo De Guzman, Ivan Isberto, Arthur Moral, Bernie Tamayo & Petronilo Ibadlit |
| Motion No: 2011-03130 qc |
| Slip Opinion No: 2012 NY Slip Op 64528(U) |
| Decided on February 10, 2012 |
| 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
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Jesus M. Benedicto, Appellant, v Domingo De Guzman, Ivan Isberto, Arthur Moral, Bernie Tamayo and Petronilo Ibadlit, Defendants, and Gemars Group, Respondent. |
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 October 19, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from an intermediate order 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]); and it is further,
ORDERED that the motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk