Opinion
2013-04940 2013-05667 Index No. 9610/09 M157541
06-06-2013
Monika Rouikaite, respondent, v. Keith Kimker, appellant.
, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on appeals from a decision of the Supreme Court, Dutchess County, dated March 21, 2013, and a judgment of the same court dated May 15, 2013, to stay enforcement of the judgment pending hearing and determination of the appeals.
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 (Appellate Division Docket No. 2013-04940) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court