Opinion
Motion No: 2016-01793 QC
08-09-2016
Hereford Insurance Company, as Subrogee of Syed Shah, Appellant, v. Government Employees Insurance Company et al., Respondents.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from a "decision/order" of the Civil Court of the City of New York, Queens County, entered April 8, 2016.
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 Civil Court's "decision/order," which did not determine a motion made upon notice (see CCA 1702). Pursuant to CCA 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