Opinion
2005-1447 SC.
Decided June 5, 2006.
Appeal from an order of the District Court of Suffolk County, Third District (C. Steven Hackeling, J.), entered July 26, 2005. The order denied defendants' motion to dismiss the action.
Appeal dismissed.
PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ
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 ( see Simmons v. Apple Bank for Sav., 172 Misc 2d 373 [App Term, 9th 10th Jud Dists 1997]). Accordingly, the appeal is dismissed.
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.