Lien Ngo v Thang Duc Quach
Motion No: 2012-03439
Slip Opinion No: 2012 NY Slip Op 78868(U)
Decided on July 16, 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

M140147

E/ct

MARK C. DILLON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-03439

Lien Ngo, appellant, et al., appellant,

v Thang Duc Quach, respondent.

(Index No. 35001/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a decision of the Supreme Court, Kings County, dated October 4, 2011, as a poor person

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 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 as academic.

DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court