Opinion
2012-256 W C
02-21-2013
Anthony Kaloedas, Respondent, v. Citibank, Appellant.
, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
Appeals from orders of the City Court of Yonkers, Westchester County, entered June 22, 2011 and November 17, 2011, respectively.
On the court's own motion, it is
ORDERED that the appeals are dismissed
In this small claims action, defendant appeals from an order of the City Court of Yonkers which denied its motion to dismiss and from a subsequent order denying its motion for reargument. Since the effect of the orders is to require the parties to proceed to trial, the orders do not constitute a denial of substantial justice and, therefore, are not appealable (see UCCA 1807; Shaw v Okenwa, 36 Misc 3d 154[A], 2012 NY Slip Op 51720[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d & 11th Jud Dists 2006]; Simmons v Apple Bank for Sav., 172 Misc 2d 373 [App Term, 9th & 10th Jud Dists 1997]).
ENTER:
Paul Kenny
Chief Clerk