| U.S. Bank National Association Tr U/S v Alvarez |
| Motion No: 2009-08404 |
| Slip Opinion No: 2010 NY Slip Op 66292(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M100284
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-08404, 2009-08406 U.S. Bank National Association Tr U/S, respondent, v Linda Alvarez, appellant. (Index No. 16509/06)
| DECISION & ORDER ON MOTION |
Motion by O'Brien & Manister, P.C., the attorney for the appellant, for leave to withdraw as counsel on appeals from a decision of the Supreme Court, Nassau County, dated March 17, 2009 (Appellate Division Docket No. 2009-08404), and an order of the same court dated June 19, 2009 (Appellate Division Docket No. 2009-08406).
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 dated March 17, 2009 (Appellate Division Docket No. 2009-08404), 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 appeal from the order dated June 19, 2009 (Appellate Division Docket No. 2009-08406), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the motion is denied as academic.
COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court