Opinion
October 1, 1999
Appeal from Order of Yates County Court, Falvey, J. — Notice of Claim.
Appeal unanimously dismissed without costs.
Memorandum:
Because the record does not establish plaintiff's consent, the appeal cannot be perfected on a "statement in lieu of stenographic transcript" (see, CPLR 5527; City of Rochester Urban Renewal Agency v. Rochester Stor. Warehouse, 142 A.D.2d 957).
Were the appeal properly before us, we would conclude that substantial justice was done in this small claims action (see, Coppola v. Kandey Co., 236 A.D.2d 871). We reject the contention that expert testimony was necessary to sustain plaintiff's claim (see, UJCA 1804; Siegel, N Y Prac § 582, at 918 [2d ed]).
PRESENT: PINE, J. P., HAYES, WISNER, SCUDDER AND BALIO, JJ.