Steven Cilento & Chana Cilento v Smyrna Bldg. Corp., Nasser Yaghoobzadeh & Victor Freudman
Motion No: 2010-02641 ric
Slip Opinion No: 2010 NY Slip Op 87542(U)
Decided on November 5, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

JOSEPH G. GOLIA, JJ.

DECISION & ORDER ON MOTION

2010-2641 RI C
Steven Cilento and Chana Cilento, Respondents-Appellants, v Smyrna Building Corp., Nasser Yaghoobzadeh and Victor Freudman, Appellants-Respondents.

Court's own motion to dismiss an appeal and a cross appeal from a decision after trial of the Civil Court of the City of New York, Richmond County, dated March 10, 2010.

ORDERED that the motion is granted and the appeal and cross appeal are dismissed on the ground that no appeal lies from a decision.

It is noted that the notice of appeal and the notice of cross appeal were filed only under Civil Court index number 4440/97, which index number was assigned to the action by the above-named respondents-appellants.

ENTER:

Paul Kenny

Chief Clerk