| Ronald Suissa v Marcy R. Baron & Addison Klutchko |
| Motion No: 2009-01589 sc |
| Slip Opinion No: 2010 NY Slip Op 92217(U) |
| Decided on December 22, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Ronald Suissa, Appellant-Respondent, v Marcy R. Baron and Addison Klutchko, Respondents-Appellants. |
Court's own motion to dismiss an appeal and a cross appeal from a decision after trial of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J., op 24 Misc 3d 1236[A], 2009 NY Slip Op 51766[U]), dated August 14, 2009.
ORDERED that the motion is granted and the appeal and cross appeal are dismissed.
No appeal lies from a decision (UDCA 1702; Hall v Paez, 77 AD3d 620 [2010]). We note that the final judgment that was subsequently entered erroneously states that possession is awarded to appellant-respondent, whereas the decision directed that a final judgment be entered dismissing the petition.
ENTER:
Paul Kenny
Chief Clerk