
    [660 NYS2d 603]
    Princess Simmons, Respondent, v Apple Bank for Savings, Appellant.
    Supreme Court, Appellate Term, Second Department,
    January 23, 1997
    APPEARANCES OF COUNSEL
    
      Timothy P. Brennan, New York City, for appellant.
   OPINION OF THE COURT

Memorandum.

Appeal dismissed.

The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807 since the only effect of same is to require the parties to proceed to trial (McBrearty v Pryor & Mandelup, NYLJ, Apr. 23, 1992, at 28, col 1 [App Term, 9th & 10th Jud Dists]; Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at 13, col 5 [App Term, 9th & 10th Jud Dists]). Accordingly, the appeal must be dismissed.

DiPaola, P. J., Stark and Ingrassia, JJ., concur.  