Palisades Collection, LLC v Heather P. Boyce
Motion No: 2012-00209 sc
Slip Opinion No: 2013 NY Slip Op 66156(U)
Decided on February 25, 2013
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 of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-209 S C
Palisades Collection, LLC, Respondent, v Heather P. Boyce, Appellant.

Appeals from an "arbitration case report" of the District Court of Suffolk County, Fourth District, dated November 25, 2009, and from an order of the same court, dated April 5, 2010.

On the court's own motion, it is

ORDERED that the appeal from the "arbitration case report" dated November 25, 2009 is dismissed, as that paper was entered on defendant's default in appearing and is not appealable (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]); and it is further,

ORDERED that the appeal from the order dated April 5, 2010 is dismissed, as that order denied defendant's motion, in effect, for leave to reargue a prior motion, and no appeal lies from an order denying reargument (see Matter of Braver v Silberman, 90 AD3d 654, 656 [2011]).

ENTER:

Paul Kenny

Chief Clerk