Ostrovsky v Lenihan
Motion No: 2006-01344
Slip Opinion No: 2006 NYSlipOp 63030(U)
Decided on February 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36109

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-01344

Edward Ostrovsky, appellant, v

James Lenihan, respondent.

(Index No. 03-16640)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a decision of the Supreme Court, Westchester County, dated December 2, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court