Opinion
January 23, 1997
APPEAL from an order of the Nassau County District Court (Michael S. Alonge, J.), entered March 22, 1996, which denied a motion by defendant to dismiss the action pursuant to CPLR 3211 (a) (1) and (5).
Timothy P. Brennan, New York City, for appellant.
MEMORANDUM.
Appeal dismissed.
The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807 since the only effect of same is to require the parties to proceed to trial ( McBrearty v Pryor Mandelup, NYLJ, Apr. 23, 1992, at 28, col 1 [App Term, 9th 10th Jud Dists]; Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at 13, col 5 [App Term, 9th 10th Jud Dists]). Accordingly, the appeal must be dismissed.
DIPAOLA, P.J., STARK and INGRASSIA, JJ., concur.