Opinion
No. 2010–931 Q C.
2012-01-24
Pamela J. WHEELER, Appellant, v. Loretta L. McCREIGHT, Respondent.
Present: WESTON, J.P., PESCE and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered February 3, 2010. The order granted defendant's motion to dismiss the complaint to the extent of setting the matter down for a traverse hearing and for final disposition of the motion.
ORDERED that the appeal is dismissed.
In this action to recover for personal injuries allegedly sustained in a motor vehicle accident, defendant moved to dismiss the complaint on the ground of lack of personal jurisdiction. By order entered February 3, 2010, the Civil Court (William A. Viscovich, J.) set the matter down for a traverse hearing on service of the summons and complaint and for final disposition of defendant's motion. Plaintiff appeals from this order. Following the traverse hearing, by order entered March 25, 2010, the Civil Court (Maureen A. Healy, J.) dismissed the complaint upon plaintiff's default. A judgment dismissing the complaint was entered on October 7, 2010.
No appeal lies from an order setting the matter down for a traverse hearing to determine whether service was proper ( seeCCA 1702[a][2]; Tovia Capital, LLC v. Katebi, 21 Misc.3d 128[A], 2008 N.Y. Slip Op 51957[U] [App Term, 2d & 11th Jud Dists 2008]; see also Frost v. Halvorsen, 100 A.D.2d 608 [1984];Citibank, N.A. v. S & J Inzlicht, Inc., 8 Misc.3d 134[A], 2005 N.Y. Slip Op 51174[U] [App Term, 2d & 11th Jud Dists 2005] ). Furthermore, no appeal lies from the intermediate order as the right to appeal therefrom terminated with the entry of the judgment on October 7, 2010 ( see Matter of Aho, 39 N.Y.2d 241 [1976] ). Accordingly, the appeal is dismissed.