Appellate Division: Second Judicial Department

M82130

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2009-00469, 2009-00470, 2009-00471, 2009-00472 City of New York, respondent, v Guyana Restaurant Bakery Corp., et al., appellants. (Index No. 37329/06)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a decision of the Supreme Court, Kings County, dated December 3, 2008, two orders of the same court both dated December 22, 2008, and a transcript of the same court dated December 22, 2008, to stay enforcement of the decision dated December 3, 2008, and the order dated December 22, 2008, that, inter alia, enjoined them from using the subject premises for a period of 90 days.

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 December 3, 2008 (Appellate Division Docket No. 2009-00469), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that on the court's own motion, the appeal from so much of the order dated December 22, 2008 (Appellate Division Docket No. 2009-00471), as, upon reargument, adhered to the decision dated December 3, 2008, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining a motion for leave to reargue a decision (see Matter of A & S Transp. Co. v County of Nassau,154 AD2d 456); and it is further,

ORDERED that on the court's own motion, the appeal from the transcript dated December 22, 2008 (Appellate Division Docket No. 2009-00472), is dismissed, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is denied.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court