Mi Kim v Sobelman

[*1] Mi Kim v Sobelman 2012 NY Slip Op 50162(U) Decided on January 24, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 24, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2010-3079 S C. -x

Mi Kim, MICHELE BRODERICK and CHERRY LIM, Appellants,

against

Bryn Sobelman, Respondent. -x

Appeal from an order of the District Court of Suffolk County, Third District

(C. Stephen Hackeling, J.), dated September 9, 2010. The order granted defendant's motion to vacate a default judgment.

ORDERED that the appeal is dismissed.

In this small claims action, plaintiffs appeal from an order granting defendant's motion to vacate a default judgment. Since the effect of the order is to require the parties to proceed to trial, the order does not constitute a denial of substantial justice and, therefore, is not appealable (see CCA 1807; Sporten v Davis, 31 Misc 3d 151[A], 2011 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2011]; see also Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d & 11th Jud Dists 2006]). Accordingly, the appeal is dismissed.

Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: January 24, 2012