Farber v. Stockton

OPINION OF THE COURT

Memorandum.

Appeal dismissed.

The purported order does not recite the papers it was based on and is thus not appealable (see, Matter of Dondi, 63 NY2d 331; Arena v City of New York, 23 AD2d 847). The appeal involves a case of first impression as to the effect of reparation in a criminal proceeding upon a subsequent civil suit for damages by the victim. Were the matter properly before us we would be inclined to affirm. The payment of reparation awarded by a court in a criminal proceeding does not bar a subsequent action against a defendant to recover *471damages in excess of the…