| In Matter of Global Liberty Ins. Co. v Westchester Radiology & Imaging, P.C., As Assignee of Sean Thomas |
| Motion No: 2015-01643 SC |
| Slip Opinion No: 2017 NY Slip Op 61187(U) |
| Decided on January 6, 2017 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| In The Matter of Global Liberty Insurance Co., Appellant, v Westchester Radiology & Imaging, P.C., as Assignee of Sean Thomas, Respondent. |
Appeal from a decision of the District Court of Suffolk County, First District, dated June 5, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
This proceeding to vacate an arbitration award is a special proceeding (see CPLR 7502 [a]) and must therefore end in a judgment (see CPLR 411). No appeal as of right lies from the District Court's decision, which did not determine a motion made upon notice (see UDCA 1702). Pursuant to UDCA 1401, if a judgment is not prepared by the attorney for the successful party, the attorney for the unsuccessful party may prepare the judgment. Appellant's remedy, if it be so advised, is to cause a judgment to be entered and to appeal therefrom. It is also noted that the record is incomplete as it does not contain the papers submitted in response to the petition.
ENTER:
Paul Kenny
Chief Clerk