Gatz v Layburn
Motion No: 2011-00064
Slip Opinion No: 2011 NY Slip Op 65445(U)
Decided on March 1, 2011
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

M115655

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-00064

Mark Gatz, appellant,

v Mark Layburn, respondent.

(Index No. 12558-02)

DECISION & ORDER ON MOTION

Appeal by Mark Gatz from a decision of the Supreme Court, Suffolk County, entered October 27, 2010.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509).

COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court