| Stone Ridge Manor, LLC v Pine Top Associates, LLC |
| Motion No: 2009-08243 |
| Slip Opinion No: 2009 NY Slip Op 82854(U) |
| Decided on September 14, 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
M91863
E/cb
PETER B. SKELOS, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
SHERI S. ROMAN, JJ.
|
2009-08243, 2009-08245, 2009-08246
In the Matter of Stone Ridge Manor, LLC, respondent, v Pine Top Associates, LLC, et al., appellants. (Index No. 12599/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all construction related to a certain retaining wall located at 365 Central Park Avenue, Greenburgh, pending hearing and determination of appeals from a decision of the Supreme Court, Westchester County, dated July 9, 2008, and two orders of the same court both dated August 4, 2009.
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 July 9, 2008 (Appellate Division Docket No. 2009-08243), 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.
SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court