| Marie Arcoleo v Perfect Body Image, LLC, Alexa "Doe", Taylor Roesel, "John Doe", & Patrick Scomello |
| Motion No: 2025-00228 SC |
| Slip Opinion No: 2025 NY Slip Op 72709(U) |
| Decided on July 7, 2025 |
| 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
JERRY GARGUILO, P.J.
GRETCHEN WALSH
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| Marie Arcoleo, Respondent, v Perfect Body Image, LLC, Alexa "Doe", Taylor Roesel, "John Doe", and Patrick Scomello, Appellants. |
Appeal from an order of the District Court of Suffolk County, Second District, dated December 5, 2024, which denied defendants' motion to dismiss the action.
On the court's own motion, it is hereby
ORDERED that the appeal is dismissed.
In this small claims action, defendant appeals from an order of the District Court of Suffolk County, Second District, which denied its motion to dismiss. 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 UCCA 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]; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d & 11th Jud Dists 2006]; Simmons v Apple Bank for Sav., 172 Misc 2d 373 [App Term, 9th & 10th Jud Dists 1997]). In any event, since a subsequent trial resulted in a judgment in favor of the defendants, the appeal is moot.
ENTER:
Paul Kenny
Chief Clerk