Opinion
2012-05526 2012-05527 Index No. 4071/11 M142730
08-27-2012
Assets Recovery Center Investments, LLC, respondent, v. Samba A. Diallo, etc., appellant.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, in effect, to stay entry of a judgment of foreclosure in the above-entitled action pending hearing and determination of appeals from a decision of the Supreme Court, Queens County, entered January 6, 2012, and an order of the same court entered March 5, 2012, on the basis that the appeals would be rendered academic by entry of the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision entered January 6, 2012, (Appellate Division Docket No. 2012-05527), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Const. Corp., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order is denied (see Matter of Aho, 39 NY2d 241) and the motion is otherwise denied as academic.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court