| Cytron v Malinowitz |
| Motion No: 2006-11687 +1 |
| Slip Opinion No: 2007 NYSlipOp 62663(U) |
| Decided on February 7, 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
M50564
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-11687, 2006-11688 Sara Cytron, respondent-appellant, v Harriet Malinowitz, appellant-respondent, et al., respondents.
(Index No. 25093/02)
| DECISION & ORDER ON MOTION |
Motion by Sara Cytron on appeals and cross appeals from a decision of the Supreme Court, Kings County, dated October 5, 2006, and a judgment of the same court dated October 19, 2006, to dismiss the appeals as untimely taken.
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 and cross appeal from the decision (Appellate Division Docket No. 2006-11687) 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 branch of the motion which is to dismiss the appeal from the decision as untimely taken is denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment as untimely taken is denied.
SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court