Appellate Division: Second Judicial Department

M69452

S/cb

DAVID S. RITTER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-10936, 2008-02164, 2008-02533 D Credigy Receivables Inc., etc., respondent, v Baijnath Agiwal, appellant. (Docket No. 18945/06)

ECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a decision of the Supreme Court, Queens County, dated November 8, 2007, an order of the same court dated February 7, 2008, and a judgment of the same court dated February 20, 2008, on the original papers and to waive the filing fee.

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 from the decision pending under Appellate Division Docket No. 2007-10936, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied.

RITTER, J.P., DILLON, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court