| Victor Candella v Robin Schulder |
| Motion No: 2019-00011 SC |
| Slip Opinion No: 2019 NY Slip Op 74597(U) |
| Decided on June 25, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Victor Candella, Plaintiff, v Robin Schulder, Defendant. |
Motion by defendant, in effect, for leave to reargue her prior motion for, among other things, leave to appeal from an order of the District Court of Suffolk County, First District, entered November 26, 2018, which was determined by decision and order on motion of this court dated May 2, 2019, to disqualify Presiding Justice Adams, and for related relief. Separate motion by plaintiff, in effect, to bar defendant from making further motions.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that defendant's motion and plaintiff's motion are consolidated for purposes of disposition; and it is further,
ORDERED that defendant's motion and plaintiff's motion are denied.
No appeal lies from the denial of a motion to dismiss a small claims action (see Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).
ENTER:
Paul Kenny
Chief Clerk