[*1]
Bal v Flaherty
2005 NY Slip Op 51885(U) [10 Misc 3d 126(A)]
Decided on November 21, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 21, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: NOVEMBER 21, 2005 June 2005 Term Suarez, P.J. , Davis, Schoenfeld, JJ.


John Bal, d/b/a Mergent Services, NY County Clerk's No. 570720/04 Plaintiff-Appellant, Calendar No. 05-190-191

against

Marie Flaherty, Defendant-Respondent.


Plaintiff appeals from 1) an order of the Small Claims Part of Civil Court, New York County (Matthew F. Cooper, J.), dated July 16, 2004, which denied his motion, inter alia, to restore the action to the calendar and granted defendant's cross motion to the extent of requiring plaintiff, pursuant to CCA 1810, to obtain court leave as a condition to prosecuting any further small claims proceedings, and 2) an order of the same court and Judge, dated January 5, 2005, which denied his motion for reargument.


PER CURIAM:

Order (Matthew F. Cooper, J.), dated July 16, 2004, affirmed, without costs, for the reasons stated by Matthew F. Cooper, J., at Civil Court. Appeal from order (Matthew F. Cooper, J.), denying reargument, dated January 5, 2005, dismissed, without costs, as nonappealable.

This constitutes the order of the court.
Decision Date: November 21, 2005