Appellate Division: Second Judicial Department

M102341

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2010-01550 Joanie L. Myers, respondent, v Rhona Silver, appellant. (Index No. 153/07)

DECISION & ORDER ON MOTION

Motion by Rhona Silver for leave to appeal to this court from a decision and order (one paper) of the Supreme Court, Nassau County, dated December 8, 2009, and to stay the "reopening of trial" in the above-entitled action, pending hearing and determination of the appeal.

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 so much of the decision and order dated December 8, 2009, as constitutes findings of fact and conclusions of law 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 the branch of the motion which is for leave to appeal from that portion of the decision and order dated December 8, 2009, is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the decision and order dated December 8, 2009, as directed a hearing on the issue of damages and directed the parties to provide certain evidence is denied, and, on the court's own motion, the appeal purportedly taken as of right from that portion of the decision and order dated December 8, 2009, is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay the "reopening of trial" in the above-entitled action is denied as academic.

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court