Shelley v Silvestre
Motion No: 2008-09605
Slip Opinion No: 2009 NY Slip Op 76590(U)
Decided on June 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M88558

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-09605

Joseph P. Shelley, et al., appellants,

v Sheryn Silvestre, et al., respondents.

(Index No. 6598/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from a decision of the Supreme Court, Suffolk County, dated August 22, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509).

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court