| Matter of Nalewajk v Staller |
| Motion No: 2006-09652 +1 |
| Slip Opinion No: 2006 NYSlipOp 79944(U) |
| Decided on November 15, 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
M46917
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-09652, 2006-09655 In the Matter of Robert Nalewajk, et al., respondents, v Cary F. Staller, etc., et al., appellants. (Index No. 17623-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from a decision of the Supreme Court, Suffolk County, dated October 3, 2006, and an order of the same court dated September 11, 2006, to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1).
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision 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 appeal from the order is dismissed, without costs or disbursements, as the order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701[b][1]); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court