Opinion
2015-07-22
Matter of PREMIER CAPITAL, LLC, appellant, v. Bernard SCHNITZLER, et al., respondents.
Manfredi Law Group, PLLC, New York, N.Y. (John Manfredi of counsel), for appellant. Leo Salzman, Brooklyn, N.Y., for respondents.
Manfredi Law Group, PLLC, New York, N.Y. (John Manfredi of counsel), for appellant. Leo Salzman, Brooklyn, N.Y., for respondents.
In a proceeding to enforce a money judgment, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct.Atty.Ref), dated January 14, 2014, made after a framed-issue hearing.
ORDERED that the appeal is dismissed, with costs.
The paper from which the petitioner appeals merely constitutes a finding regarding one of the issues raised in this proceeding. As such, it is tantamount to a decision, from which no appeal lies ( see Matter of 21st Century Ins. Co. v. Davis, 114 A.D.3d 955, 980 N.Y.S.2d 821; Matter of AutoOne Ins. Co. v. Fernandez, 109 A.D.3d 469, 969 N.Y.S.2d 918; Benabu v. Rienzo, 104 A.D.3d 714, 961 N.Y.S.2d 482; Wall St. Mtge. Bankers, Ltd. v. Hinds, 81 A.D.3d 818, 916 N.Y.S.2d 528; Hamilton v. Khalife, 2 A.D.3d 682, 768 N.Y.S.2d 626).