Supreme Court of the State of New York, 9th And 10th Judicial Districts

May 22, 2026

2026-149 S C

Joseph R. Conway, J.P.

Gretchen Walsh

Maria S. Vazquez-Doles, JJ.

[*1]

Motion by appellant to stay all proceedings pending the determination of an appeal from an order of the District Court of Suffolk County, First District, entered October 6, 2025.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,

ORDERED that the motion is denied as moot.

This is an appeal in a small claims action from an order denying appellant's motion for leave to reargue the branch of motion seeking to dismiss so much of the action as was by respondent and against appellant. Since the effect of the denial of a motion to dismiss is to require the parties to proceed to trial, such denial does not constitute a denial of substantial justice and, therefore, an order denying such relief is not appealable in a small claims action (see UDCA 1807; Shaw v Okenwa, 36 Misc 3d 154[A], 2012 NY Slip Op 51720[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]). Furthermore, no appeal lies from a denial of reargument (see Deutsche Bank Natl. Trust Co. v Spanos, 180 AD3d 997 [2020]; Alvarez v Jawaid, 163 AD3d 746, 748 [2018]).

ENTER:

Jennifer Chan

Chief Clerk