Felix v Law Offices of Thomas F. Liotti
Motion No: 2009-10772
Slip Opinion No: 2009 NY Slip Op 90319(U)
Decided on December 4, 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

M95507

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10772

Donald Felix, respondent,

v Law Offices of Thomas F. Liotti, appellant.

(Index No. 8395/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a decision of the Supreme Court, Nassau County, entered November 2, 2009, to stay the entry of any judgment, pending hearing and determination of the appeal.

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 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.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court