Opinion
Motion No. 2023-01657 Index No. 4813/2018
07-05-2023
Unpublished Opinion
MOTION DECISION
M289828
FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated February 9, 2023. By order to show cause dated February 24, 2023, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision. Motion by the appellant to stay enforcement of the decision, pending hearing and determination of the appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509); and it is further, ORDERED that the motion to stay enforcement of the decision is denied as academic.
CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and GENOVESI, JJ., concur.