| Mi Kim v Sobelman |
| 2012 NY Slip Op 50162(U) [34 Misc 3d 146(A)] |
| Decided on January 24, 2012 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the District Court of Suffolk County, Third District
(C. Stephen Hackeling, J.), dated September 9, 2010. The order granted defendant's motion to vacate a default judgment.
ORDERED that the appeal is dismissed.
In this small claims action, plaintiffs appeal from an order granting defendant's motion to vacate a default judgment. Since the effect of the order is to require the parties to proceed to trial, the order does not constitute a denial of substantial justice and, therefore, is not appealable (see CCA 1807; Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]; see also Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d & 11th Jud Dists 2006]). Accordingly, the appeal is dismissed.
Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: January 24, 2012