Almstead Tree & Shrub Care Co. v. Hodgeman

Full title: Almstead Tree & Shrub Care Co., Respondent, v. Myriam Hodgeman, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Sep 19, 2013

2013 N.Y. Slip Op. 86839 (N.Y. App. Term 2013)

Opinion

Motion No: 2013-01813 wc

09-19-2013

Almstead Tree & Shrub Care Co., Respondent, v. Myriam Hodgeman, Appellant.

FRANCIS A. NICOLAI

, P.J.

HECTOR D. LaSALLE

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of appeals from a judgment of the City Court of New Rochelle, Westchester County, entered May 22, 2013, and from a letter of the same court dated July 24, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal from the judgment is dismissed, as no appeal lies from a judgment entered pursuant to an award by an arbitrator in a small claims action (see Kadziela v Lucchese, 2008 NY Slip 70437[U] [App Term, 2d & 11th Jud Dists 2008]); and it is further,

ORDERED, on the court's own motion, that the appeal from the letter is dismissed on the ground that no appeal lies from a letter (see UJCA 1702); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk