| Goldstar Acquisition Group, Inc. v Topping |
| Motion No: 2008-07672 |
| Slip Opinion No: 2008 NYSlipOp 81900(U) |
| Decided on September 8, 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. |
Appellate Division: Second Judicial Department
M75384
E/sl
ROBERT A. LIFSON, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-07672, 2008-07673 Goldstar Acquisition Group, Inc., appellant, v Alfred Topping, Jr., respondent. (Index No. 8550-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 7, 2008, pending hearing and determination of appeals from the order dated August 7, 2008, and a decision of the same court dated April 28, 2008.
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 April 28, 2008 (Appellate Division Docket No. 2008-07673), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509).
ORDERED that the motion is granted to the extent that enforcement of the order dated August 7, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 8, 2008, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 8, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court