| Wagner v Arcuri |
| Motion No: 2006-03513 +1 |
| Slip Opinion No: 2006 NYSlipOp 82051(U) |
| Decided on December 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
M48255
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2006-03513, 2006-07045 Richard Wagner, respondent, v John Arcuri, appellant. (Index No. 00-15944)
| DECISION & ORDER ON MOTION |
Motion by the respondent to direct the appellant to post an undertaking in connection with appeals from two decisions of the Supreme Court, Westchester County, dated February 23, 2006, and June 12, 2006, respectively.
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 appeals are 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 denied as academic.
RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court