| Gihon, LLC v 501 Second Street, LLC |
| Motion No: 2006-03215 |
| Slip Opinion No: 2006 NYSlipOp 70580(U) |
| Decided on June 20, 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
M41007
A/mv
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-03215
Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Kings County, dated February 15, 2006, on the ground that no appeal lies from a decision, and for an award of costs and to impose a sanction on the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court