| Thorne v Bartolotta |
| Motion No: 2010-04208 |
| Slip Opinion No: 2010 NY Slip Op 82321(U) |
| Decided on September 15, 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
M108335
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-04208 Casper W. Thorne, respondent, v Lorraine M. Bartolotta, appellant. (Index No. 40967-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a decision of the Supreme Court, Suffolk County, dated May 13, 2010, pending hearing and determination of an appeal therefrom.
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 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.
SKELOS, J.P., ANGIOLILLO, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court