Opinion
Motion No: 2012-05557 Index No. 41053/08 M142874
08-29-2012
, A.P.J.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay entry of a judgment in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated April 12, 2012.
Upon the papers filed in support of the motion and no papers have been filed in opposition or relation thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court