Barone v SCA Realty Corp.
Motion No: 2006-03835
Slip Opinion No: 2006 NYSlipOp 77231(U)
Decided on October 5, 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

M45480

S/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2006-03835

Nicholas Barone, et al., respondents-appellants,

v SCA Realty Corp., appellant-respondent.

(Index No. 10733/01)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a decision of the Supreme Court, Kings County, dated January 27, 2006.

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

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

KRAUSMAN, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court