Saha v Padder
Motion No: 2013-01743
Slip Opinion No: 2013 NY Slip Op 67418(U)
Decided on March 14, 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

M152944

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-01743, 2013-01744

Subodh Saha, appellant,

v Samkar K. Padder, respondent.

(Index No. 33852/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Queens County, dated November 30, 2012, and a judgment of the same court entered December 24, 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 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.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court