| Pae v Chul Yoon |
| Motion No: 2005-10525 |
| Slip Opinion No: 2006 NYSlipOp 60431(U) |
| Decided on January 9, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34461
C/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-10525 Henry Pae, respondent, v Chul Yoon, appellant, et al., defendants. (Index No. 17721/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to amend the notice of appeal from a decision of the Supreme Court, Queens County, dated October 28, 2005, to deem the notice of appeal a valid notice of appeal from the decision dated October 28, 2005, as amended, or, for leave to refile the notice of appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
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 Green Constr. Corp., 100 AD2d 509), without prejudice to the appellant taking a timely appeal from any judgment which is entered upon the decision.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court