Heyman v Lido Beach Towers Condominium
Motion No: 2012-08441
Slip Opinion No: 2012 NY Slip Op 89292(U)
Decided on November 1, 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

M145737

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2012-08441

Frederic Heyman, appellant, v Lido Beach

Towers Condominium, respondent.

(Index No. 4902/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Nassau County, dated March 31, 2012, as untimely taken.

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 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.

SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court