84-85 Gardens Owners Corp. v 84-12 35th Avenue Apartm
Motion No: 2011-03539
Slip Opinion No: 2011 NY Slip Op 75325(U)
Decided on June 10, 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

M121339

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2011-03539

84-85 Gardens Owners Corp., respondent,

v 84-12 35th Avenue Apartment Corp., appellant.

(Index No. 13314/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Queens County, entered February 1, 2011, on the ground that it is not an "appealable paper."

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509).

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court