Blaine v. Meyer

Jan 12, 1987
Versions:126 A.D.2d 508
510 N.Y.S.2d 628
1987 N.Y. App. Div. LEXIS 41649

In an action to recover damages for personal injuries, the defendant Meyer appeals, as limited by her brief, from so much of a purported order of the Supreme Court, Kings County (Clemente, J.), dated November 19, 1985, as granted the plaintiffs motion for reargument, and upon reargument, granted the plaintiff a general trial preference.

Ordered that the appeal is dismissed, without costs or disbursements.

A dismissal of the appeal is warranted since "[t]he purported order is nothing more than an unsigned transcript of an oral decision and does not comply with CPLR 2219 (a)” (see, Ojeda v Metropolitan Playhouse, 120 AD2d 717-718). Mollen, P. J., Bracken, Lawrence and Kooper, JJ., concur.