| Erbesh v Schwartz |
| Motion No: 2006-10623 +1 |
| Slip Opinion No: 2006 NYSlipOp 82499(U) |
| Decided on December 22, 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
M48632
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2006-10623, 2006-11712 Morris Erbesh, et al., appellants, v Esther E. Schwartz, et al., respondents.
(Index No. 03-17142)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the respondents from executing a deed to the subject property pending hearing and determination of appeals from a decision of the Supreme Court, Westchester County, dated October 30, 2006, and a judgment of the same court dated December 14, 2006.
Upon the papers filed in support of the motion and the papers 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 motion is denied.
KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court