| Advanced Recovery Equip. & Supplies, LLC, As Assignee of Keith Hernandez v Tri-state Consumer Ins. Co. |
| Motion No: 2019-00150 NC |
| Slip Opinion No: 2019 NY Slip Op 87161(U) |
| Decided on December 17, 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Advanced Recovery Equipment and Supplies, LLC, as Assignee of Keith Hernandez, Respondent, v Tri-State Consumer Insurance Company, Appellant. |
Appeal from an order of the District Court of Nassau County, First District, entered December 17, 2018.
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 order, which did not determine a motion made upon notice (see UDCA 1702), and leave to appeal has not been granted. 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.
ENTER:
Paul Kenny
Chief Clerk