Opinion
Motion No: 2019-00011 SC
06-25-2019
Victor Candella, Plaintiff, v. Robin Schulder, Defendant.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Motion by defendant, in effect, for leave to reargue her prior motion for, among other things, leave to appeal from an order of the District Court of Suffolk County, First District, entered November 26, 2018, which was determined by decision and order on motion of this court dated May 2, 2019, to disqualify Presiding Justice Adams, and for related relief. Separate motion by plaintiff, in effect, to bar defendant from making further motions.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that defendant's motion and plaintiff's motion are consolidated for purposes of disposition; and it is further,
ORDERED that defendant's motion and plaintiff's motion are denied.
No appeal lies from the denial of a motion to dismiss a small claims action (see Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).
ENTER:
Paul Kenny
Chief Clerk