Pinhas v Comperchio
Motion No: 2006-09509
Slip Opinion No: 2006 NYSlipOp 79286(U)
Decided on November 8, 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

M46513

A/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-09509

Haim Pinhas, et al., plaintiffs,

v Pauline Comperchio, et al., defendants.

(Index No. 6098/05)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from a decision of the Supreme Court, Kings County, dated September 7, 2006, respectively, and to stay the release of certain funds held in escrow pending hearing and determination of the appeal.

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 to this court 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 motion is otherwise denied as academic.

MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court