Maldonado v Everest General Contractors, Inc.
Motion No: 2009-11176
Slip Opinion No: 2009 NY Slip Op 91147(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95924

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-11176, 2009-11177

Freddy Maldonado, etc., et al., respondents,

v Everest General Contractors, Inc., et al.,

defendants, Vigilant Insurance Company,

appellant.

(Index No. 3150/04)

DECISION & ORDER ON MOTION

Appeals by Vigilant Insurance Company from two decisions of the Supreme Court, Kings County, dated August 23, 2007, and September 9, 2009, respectively.

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

ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509), and on the ground that the appeal from the decision dated August 23, 2007, is a duplicate of an appeal pending under Appellate Division Docket No. 2008-00435, which was dismissed by decision and order on application dated June 12, 2008.

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

ENTER:

James Edward Pelzer

Clerk of the Court