Appellate Division: Second Judicial Department

M117845

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-01678, 2011-01679 Accent Collections, Inc., appellant, v Cappelli Enterprises, Inc., et al., respondents. (Index No. 09-3468)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, entered February 8, 2011, and a decision of the same court dated January 31, 2011, in effect, to stay enforcement of a trial readiness order of the same court dated November 1, 2010, pending hearing and determination of the appeal from the order entered February 8, 2011.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision dated January 31, 2011 (Appellate Division Docket No. 2011-01679), 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 granted, and enforcement of the trial readiness order dated November 1, 2010, is stayed pending hearing and determination of the appeal from the order entered February 8, 2011, on condition that the appeal is perfected on or before April 29, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 29, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court