Appellate Division: Second Judicial Department

M121484

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11654, 2010-11655, 2010-11656 Ya Wu Xu, respondent, v 18 C.S. Development, LLC, et al., appellants. (Index No. 24002/10)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Queens County, dated September 22, 2010, and two decisions of the same court both dated October 20, 2010, and October 20, 2010, for leave to appeal to this Court from the order dated September 22, 2010, and, in effect, to stay enforcement of stated portions of the order pending hearing and determination of the appeals. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals from the decisions are 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 branch of the motion which is for leave to appeal from the order dated September 22, 2010, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated September 22, 2010, is dismissed; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order and the application are denied as academic.

PRUDENTI, P.J., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court