Iorfida v Stamos
Motion No: 2010-09039
Slip Opinion No: 2010 NY Slip Op 91883(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113191

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-09039, 2010-09040

Ferdinando Iorfida, respondent,

v Irene Stamos, appellant.

(Index No. 16116/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Queens County, entered July 15, 2010 (Appellate Division Docket No. 2010-09040), and a judgment of the same court also entered July 15, 2010 (Appellate Division Docket No. 2010-09039), inter alia, to stay enforcement of the judgment, pending hearing and determination of the appeals.

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 entered July 15, 2010 (Appellate Division Docket No. 2010-09040), 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.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court