| Almstead Tree & Shrub Care Co. v Myriam Hodgeman |
| Motion No: 2013-01813 wc |
| Slip Opinion No: 2013 NY Slip Op 86839(U) |
| Decided on September 19, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
HECTOR D. LaSALLE
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Almstead Tree & Shrub Care Co., Respondent, v Myriam Hodgeman, Appellant. |
Motion by appellant for a stay pending the determination of appeals from a judgment of the City Court of New Rochelle, Westchester County, entered May 22, 2013, and from a letter of the same court dated July 24, 2013.
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 from the judgment is dismissed, as no appeal lies from a judgment entered pursuant to an award by an arbitrator in a small claims action (see Kadziela v Lucchese, 2008 NY Slip 70437[U] [App Term, 2d & 11th Jud Dists 2008]); and it is further,
ORDERED, on the court's own motion, that the appeal from the letter is dismissed on the ground that no appeal lies from a letter (see UJCA 1702); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk