| Congel v Malfitano |
| Motion No: 2012-11133 |
| Slip Opinion No: 2013 NY Slip Op 63674(U) |
| Decided on February 5, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M150818
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-11133 Robert J. Congel, et al., respondents-appellants, v Marc A. Malfitano, appellant-respondent. (Index No. 220/07)
| DECISION & ORDER ON MOTION |
Appeal by the defendant and cross appeal by the plaintiffs from a decision of the Supreme Court, Dutchess County, dated September 27, 2012.
On the Court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509).
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court