Talat v Thompson
Motion No: 2006-09505
Slip Opinion No: 2007 NYSlipOp 72304(U)
Decided on June 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M56270

E/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2006-09505

Asfia Talat, et al., appellants,

v Pam Thompson, defendant, Ernest

D. Holmes, et al., respondents.

(Index No. 32687/04)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a decision of the Supreme Court, Kings County, dated August 30, 2006, for failure to perfect the same in accordance with the rules of the court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal 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.

RIVERA, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court