Opinion
2009-522 K C.
Decided on April 13, 2010.
Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 14, 2009. The order granted defendant's motion to vacate a default judgment.
ORDERED that the appeal is dismissed.
PRESENT: GOLIA, J.P., PESCE and RIOS, JJ.
In this small claims action seeking to recover unpaid wages and business expenses, defendant failed to appear on the adjourned trial date, and a default judgment was entered in favor of plaintiff. By order entered January 14, 2009, the Civil Court granted defendant's ensuing motion to vacate the default judgment. Plaintiff appeals from that order. Following vacatur of the judgment, the parties consented to submit their controversy to arbitration and stipulated that no appeal would lie from the judgment entered upon the arbitration award. A judgment was subsequently entered.
Plaintiff's appeal must be dismissed as no direct appeal lies from an intermediate order following the entry of a final judgment ( see Matter of Aho, 39 NY2d 241). We note that, in view of the parties' waiver of the right to appeal, no appeal may be taken from the judgment entered pursuant to the award by the small claims arbitrator ( see Santos v Ortiz , 3 Misc 3d 137[A], 2004 NY Slip Op 50513[U] [App Term, 2d 11th Jud Dists 2004]; Molloy v Froyton, 124 Misc 2d 865; see also Brownstein v County of Westchester, Dept. of Parks, Recreation Conservation, 51 AD2d 792).
Golia, J.P., Pesce and Rios, JJ., concur.