Appellate Division: Second Judicial Department

M43150

S/sl

ANITA R. FLORIO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10240, 2005-11639, 2006-07476 Eli Gerstner, respondent, v Abe "Ave" Katz, et al., appellants. (Index No. 18555/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 21, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated July 20, 2004, and two orders of the same court dated September 20, 2005, and December 6, 2005, respectively, for leave to appeal from the decision, and to consolidate the appeals.

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 for leave to appeal from the decision dated July 20, 2004 (Appellate Divison Docket No. 2006-07476) is denied as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court