Appellate Division: Second Judicial Department

M93412

E/sl

RUTH C. BALKIN, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-06099, 2009-08674, 2009-08675 Petra CRE CDO 2007-1, Ltd., etc., respondent, v 160 Jamaica Owners, LLC, et al., appellants, et al., defendants. (Index No. 29337/08)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two decisions of the Supreme Court, Queens County, entered May 11, 2009 (Appellate Division Docket No. 2009-06099), and May 22, 2009 (Appellate Division Docket No. 2009-08674), respectively, and an order of the same court entered August 7, 2009 (Appellate Division Docket No. 2009-08675), to stay all proceedings in the above-entitled action pending hearing and determination of the appeal from the order entered August 7, 2009. Application by the appellants to withdraw the appeal from the decision entered May 22, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that on the court's own motion, the appeal from the decision entered May 11, 2009 (Appellate Division Docket No. 2009-06099), 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 application is granted, and the appeal from the decision entered May 22, 2009 (Appellate Division Docket No. 2009-08674), is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., ENG, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court