EQUITIES CORP v. BRITO (2019)

Supreme Court, Appellate Term, New York.

U.S. EQUITIES CORP., Plaintiff-Appellant, v. Melaneo J. BRITO, Defendant-Respondent.

19-417

Decided: December 26, 2019

PRESENT: Ling-Cohan, J.P., Cooper, J.

Appeal from order (Sabrina B. Kraus, J.), entered June 25, 2019, dismissed, without costs and without prejudice.

The underlying order is not appealable because it does not recite the papers used on the motion (see CPLR 2219[a]; Arena v. City of New York, 23 AD2d 847 [1965]). In fact the words “foregoing cited papers” are crossed out in the order and replaced with the word “annexed”, without specification of what papers the court considered. Our disposition is without prejudice to plaintiff moving in Civil Court for resettlement of the order to reflect the papers considered (see Matter of Stonchius, 209 AD2d 705 [1994]) and to appeal the resettled order.

Per Curiam.

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