Appellate Division: Second Judicial Department

M123248

J/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-01015, 2011-01018 David Wenger, respondent-appellant, v L.A. Wenger Contracting Co., Inc., et al., appellants-respondents. (Action No. 1) (Index No. 31701-08) David Wenger, respondent-appellant, v Railroad Realty Group, Inc., et al., appellants-respondents. (Action No. 2) (Index No. 2149-09)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from a decision of the Supreme Court, Suffolk County, dated December 14, 2010, and an appeal from an order of the same court, also dated December 14, 2010, inter alia, to stay enforcement of the decision and the order pending hearing and determination of the appeals and cross appeal.

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 and cross appeal from the decision are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that on Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701[a][2]), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court