Opinion
No. 2021-343 S C
05-23-2022
Glenn A. Becker, M.D., PLLC, Appellant, v. Michelle Fileccia, Respondent.
Smith, Carroad, Levy, Wan & Parikh, P.C. (Kevin M. Knab and Timothy Wan of counsel), for appellant. James A. DeFelice, for respondent (no brief filed).
Unpublished Opinion
Smith, Carroad, Levy, Wan & Parikh, P.C. (Kevin M. Knab and Timothy Wan of counsel), for appellant.
James A. DeFelice, for respondent (no brief filed).
PRESENT:: TIMOTHY S. DRISCOLL, J.P., HELEN VOUTSINAS, BARRY E. WARHIT, JJ
Appeal from a decision of the District Court, Suffolk County, First District (C. Stephen Hackeling, J.), dated September 26, 2019. The decision, after an inquest on submission, found that plaintiff had failed to prove its damages.
ORDERED that the appeal is dismissed.
In this action, plaintiff, which is a professional limited liability company, seeks to recover the principal sum of $10, 040.03 for unpaid medical bills. The unverified complaint alleges one cause of action which plaintiff has described as seeking a recovery in quantum meruit, and a second cause of action on an account stated.
After defendant answered the complaint, denying liability, plaintiff moved for summary judgment. Plaintiff's motion was unopposed. In an order dated July 30, 2019, the District Court (C. Stephen Hackeling, J.) granted plaintiff's motion on the issue of liability, without specifying the cause of action upon which plaintiff had prevailed, and ordered plaintiff to submit papers for an inquest upon submission. After plaintiff submitted papers, in a paper labeled "Inquest Submission Date" and dated September 26, 2019, the District Court "ordered that the inquest is denied," upon a finding that plaintiff had failed to prove its damages. Plaintiff appeals this decision. No judgment has been entered.
The September 26, 2019 paper constitutes a decision, and no appeal lies from a decision (see Greenfield v Tassinari, 8 A.D.3d 529 [2004]; Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]; see also Matter of Marinho v Apolinario, 201 A.D.3d 721 [2022]). Even if the September 26, 2019 document could be deemed to be an order, the paper is not appealable as of right because it did not decide a motion made upon notice (see UDCA 1702 [a] [2]; Rene v Abrams, 193 A.D.3d 1001 [2021]; Reyes v Eleftheria Rest. Corp., 162 A.D.3d 808 [2018]; see also Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]), and we decline to grant leave to appeal.
Accordingly, the appeal is dismissed.
DRISCOLL, J.P., VOUTSINAS and WARHIT, JJ., concur.