Matter of R. (Anonymous), Luigi
Motion No: 2011-10658
Slip Opinion No: 2011 NY Slip Op 91980(U)
Decided on December 8, 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

M130026

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-10658, 2011-10659

In the Matter of Luigi R. (Anonymous).

John R. (Anonymous), et al., appellants;

(Index No. 100203/10)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Kings County, dated January 21, 2011, and an order of the same court dated July 20, 2011.

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

ORDERED that on the Court's own motion, the appeal from the decision dated January 21, 2011 (Appellate Division Docket No. 2011-10659), 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., ENG, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court