JFK Family Ltd. Partnership v Millbrae Natural Gas Devel
Motion No: 2010-02225
Slip Opinion No: 2010 NY Slip Op 84649(U)
Decided on October 12, 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

M109299

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-02225

JFK Family Ltd. Partnership, et al., appellants-

respondents, v Millbrae Natural Gas Development

Fund 2005, L.P., et al., respondents-appellants.

(Index No. 07-10591)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the record on an appeal from a decision of the Supreme Court, Westchester County, entered January 5, 2010, to include certain material.

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.

DILLON, J.P., FLORIO, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court