Opinion
June 12, 1995
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the respondents, appearing separately and filing separate briefs, are awarded one bill of costs.
It is well established that once, as here, a moving party has made a prima facie showing of its entitlement to summary judgment, the burden shifts to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence of a triable issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The plaintiff failed to produce evidence from an expert in road construction that the project in question was unreasonably or unnecessarily delayed (see, Farrell v. Rose, 253 N.Y. 73, 80). Therefore, summary judgment was properly granted.
The plaintiff's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Miller, Pizzuto and Friedmann, JJ., concur.