| Rokitowski v City of Beacon |
| Motion No: 2008-11060 |
| Slip Opinion No: 2009 NYSlipOp 66391(U) |
| Decided on March 12, 2009 |
| 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
M83470
E/cb
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-11060 Irene Rokitowski, appellant, v City of Beacon, et al., defendants, R.E.A.D. Electric, Inc., respondent (and third-party actions). (Index No. 1909/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Dutchess County, dated October 1, 2008, pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely filed, to be timely served.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 J.A. Green Constr. Co.,100 AD2d 509), without prejudice to taking an appeal from any judgment entered upon the decision; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court