Berry v Williams
Motion No: 2007-02916
Slip Opinion No: 2007 NYSlipOp 81221(U)
Decided on October 18, 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

M61213

S/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2007-02916

David Berry, et al., respondents-appellants,

v Randolph L. Williams, etc., et al., appellants-

respondents.

(Index No. 4973/00)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a decision of the Supreme Court, Dutchess County, dated February 28, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509).

SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court