Mizrahi-Srour v Srour
Motion No: 2012-10985
Slip Opinion No: 2013 NY Slip Op 67213(U)
Decided on March 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M152905

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-10985, 2013-02205

Shelly Mizrahi-Srour, respondent,

v Albert Srour, appellant.

(Index No. 55474/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated September 12, 2012, and a judgment of the same court dated December 17, 2012, pending hearing and determination of appeals therefrom.

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 (Appellate Division Docket No. 2012-10985) 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.

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court