Opinion
Motion No: 2019-00150 NC
12-17-2019
Advanced Recovery Equipment and Supplies, LLC, as Assignee of Keith Hernandez, Respondent, v. Tri-State Consumer Insurance Company, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the District Court of Nassau County, First District, entered December 17, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
This proceeding to vacate an arbitration award is a special proceeding (see CPLR 7502 [a]) and must therefore end in a judgment (see CPLR 411). No appeal as of right lies from the District Court's order, which did not determine a motion made upon notice (see UDCA 1702), and leave to appeal has not been granted. Pursuant to UDCA 1401, if a judgment is not prepared by the attorney for the successful party, the attorney for the unsuccessful party may prepare the judgment. Appellant's remedy, if it be so advised, is to cause a judgment to be entered and to appeal therefrom.
ENTER:
Paul Kenny
Chief Clerk