Pastrana v Cutler
Motion No: 2012-04032
Slip Opinion No: 2012 NY Slip Op 73111(U)
Decided on May 14, 2012
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

M137695

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2012-04032, 2012-04033

Robin Pastrana, et al., respondents,

v Helaine Atlas Cutler, et al., appellants.

(Index No. 59184/11)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the respondents from conducting a special meeting and special election of the Greencroft Condominium II Board of Directors, pending hearing and determination of appeals from a decision of the Supreme Court, Kings County, dated March 16, 2012, and an order of the same court dated April 17, 2012.

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

ORDERED that the appeal from the decision dated March 16, 2012 (Appellate Division Docket No. 2012-04032), 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.

ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court