Al's Atlantic, Inc. v Shatma, LLC
Motion No: 2012-02593
Slip Opinion No: 2012 NY Slip Op 79545(U)
Decided on July 23, 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

M140928

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-02593, 2012-06060

Al's Atlantic, Inc., appellant,

v Shatma, LLC, et al., respondents.

(Index No. 11331/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Kings County, dated July 25, 2012, and an order of the same court dated June 6, 2012, to stay enforcement of the order dated June 6, 2012, pending hearing and determination of the appeals.

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 July 25, 2012, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court