GMS Batching, Inc. v Tadco Construction Corporation
Motion No: 2012-04715
Slip Opinion No: 2012 NY Slip Op 79376(U)
Decided on July 19, 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

M140940

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-04715

GMS Batching, Inc., respondent,

v Tadco Construction Corporation, et al.,

appellants, et al., defendants.

(Index No. 18903/06)

DECISION & ORDER ON MOTION

Appeal by the defendants Tadco Construction Corporation and Frank DeMartino from a decision of the Supreme Court, Queens County, dated February 28, 2012.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509)

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court