Appellate Division: Second Judicial Department

M85299

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PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-08546, 2009-00019 Shauna Alami, etc., et al., appellants, v Volkswagen of America, Inc., defendant; Shandell, Blitz, Blitz & Bookson, LLP, nonparty-respondent. (Appeal No. 1) Shauna Alami, etc., et al., appellants-respondents, v Volkswagen of America, Inc., defendant; Shandell, Blitz, Blitz & Bookson, LLP, nonparty-respondent-appellant. (Appeal No. 2) (Index No. 20093/06)

DECISION & ORDER ON MOTION

Motion by Shauna Alami, as administratrix of the goods, chattels, and credits, which were of Silhadi Alami, deceased, and Shauna Alami, individually, to consolidate an appeal from a decision of the Supreme Court, Westchester County, entered August 7, 2008, with an appeal and cross appeal from an order of the same court entered October 29, 2008, and to enlarge the time to perfect the appeal from the decision entered August 7, 2008.

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 from the decision entered August 7, 2008 (Appellate Division Docket No. 2008-08546), 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 the motion is denied as academic.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court