| Kimso Apartments, LLC v Gandhi |
| Motion No: 2011-08574 |
| Slip Opinion No: 2011 NY Slip Op 89441(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M128664
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-08574, 2011-09195 Kimso Apartments, LLC, etc., plaintiff/counterclaim defendant-appellant-respondent, v Mahesh Gandhi, defendant/counterclaim plaintiff-respondent-appellant; Arlington Filler, counterclaim defendant-appellant- respondent. (Index No. 13489/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant/counterclaim plaintiff-respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Richmond County, dated September 1, 2011, and a decision of the same court dated August 22, 2011, pursuant to CPLR 5519(c) to modify an order of the same court dated September 26, 2011, which, inter alia, in effect, stayed enforcement of the judgment.
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 from the decision dated August 22, 2011 (Appellate Division Docket No. 2011-08574), 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.
RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court