State Street Commons, LLC v Montelone
Motion No: 2011-01176
Slip Opinion No: 2011 NY Slip Op 65475(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

M115690

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-01176

State Street Commons, LLC, respondent,

v Joseph Montelone, appellant.

(Index No. 27629-06)

DECISION & ORDER ON MOTION

Appeal by Joseph Montelone from a decision of the Supreme Court, Suffolk County, dated December 15, 2010.

On the Court's own motion, it is

ORDERED that 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).

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court