| Cooking Light, Inc. v 318 Graham Avenue Corp. |
| Motion No: 2011-01637 |
| Slip Opinion No: 2011 NY Slip Op 67952(U) |
| Decided on March 24, 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. |
Appellate Division: Second Judicial Department
M117557
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2011-01637 Cooking Light, Inc., etc., appellant, v 318 Graham Avenue Corp., etc, et al., respondents. (Index No. 33318/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated January 28, 2011, pending hearing and determination of an appeal therefrom.
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 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 as academic.
MASTRO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court