| Main Street Xata, Ltd. v Valine Realty Corp. |
| Motion No: 2006-06516 +1 |
| Slip Opinion No: 2007 NYSlipOp 61855(U) |
| Decided on January 25, 2007 |
| 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
M49945
E/sl
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2006-06516, 2006-11596 Main Street Xata, Ltd., respondent, v Valine Realty Corp., appellant. (Index No. 04-5103)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from a decision of the Supreme Court, Westchester County, entered March 21, 2006 (Appellate Division Docket No. 2006-06516), and a judgment of the same court dated November 30, 2006 (Appellate Division Docket No. 2006-11596), and to enlarge the time to perfect the appeal from the decision.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the decision (Appellate Division Docket No. 2006-06516) 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 as academic.
SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court