Bellos v Matsos Contracting Corp.
Motion No: 2007-06381
Slip Opinion No: 2007 NYSlipOp 87291(U)
Decided on December 24, 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

M63836

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-06381

Grigorious Bellos, appellant,

v Matsos Contracting Corp., et al., respondents.

(Index No. 7146/04, 9883/04)

DECISION & ORDER ON MOTION

Motion by the respondents Matsos Contracting Corp., Tully Construction Co., Inc., and St. Paul Fire & Marine Insurance Company to dismiss an appeal from a decision of the Supreme Court, Queens County, entered May 23, 2007, on the ground that the appellant did not attend the Civil Appeals Management Program conference.

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 is dismissed, without costs or disbursements, on the ground that 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.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court