Sheikh v Basheer
Motion No: 2009-09714
Slip Opinion No: 2010 NY Slip Op 63314(U)
Decided on February 10, 2010
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

M98538

S/nl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09714

Salim Sheikh, appellant, v Amina Basheer,

respondent.

(Index No. 25884/02

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Queens County, dated August 21, 2009, pending hearing and determination of an appeal therefrom.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court