Opinion
2012-08859 Index No. 22020/07 M159485
07-17-2013
Sabor A. Mexico, Inc., et al., respondents, v. 76 South Street Corp., appellant, et al., defendants.
, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents, inter alia, to dismiss an appeal from a decision of the Supreme Court, Nassau County, dated July 12, 2012, on the ground that the appendix is inadequate.
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 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 as academic.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court