Nash v Yablon
Motion No: 2008-00789
Slip Opinion No: 2008 NYSlipOp 63261(U)
Decided on February 11, 2008
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

M66023

E/sl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-00789, 2008-00790

Howard Nash, respondent,

v Elizabeth Yablon, appellant.

(Index No. 44784/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated January 23, 2008, and an order of the same court dated January 24, 2008, pending hearing and determination of appeals therefrom.

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 from the decision dated January 23, 2008 (Appellate Division Docket No. 2008-00790), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

MILLER, J.P., ANGIOLILLO, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court