| Matter of S&R Development Estates, LLC v Feiner |
| Motion No: 2009-06246 |
| Slip Opinion No: 2009 NY Slip Op 88830(U) |
| Decided on November 17, 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
M94547
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2009-06246, 2009-07227
In the Matter of S & R Development Estates, LLC, respondent, v Paul J. Feiner, et al., appellants. (Index No. 09-1904)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent, inter alia, to dismiss appeals from a decision and an order of the Supreme Court, Westchester County, entered June 15, 2009, and July 8, 2009, respectively, on the ground that no appeal lies from a nonfinal order in a proceeding pursuant to CPLR article 78.
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 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 branch of the motion which is to dismiss the appeal from the order is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b]); and it is further,
ORDERED that the motion is otherwise denied as academic in light of our determination of the motion.
MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court