Oduh v Anderson, a/k/a Josephs
Motion No: 2006-02340
Slip Opinion No: 2006 NYSlipOp 67040(U)
Decided on April 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

M38494

O/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-02340

Patricia Oduh, appellant, v Myrna Anderson,

a/k/a Myrna Josephs, respondent.

(Index No. 27871/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Queens County, dated January 17, 2006, pending hearing and determination of an appeal therefrom, and cross motion by the respondent, inter alia, to dismiss the appeal on the ground that it has no merit.

Upon the papers filed in support of the motion and the cross 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, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion and the cross motion are denied as academic.

MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court