Gatto v Smith
Motion No: 2013-02348
Slip Opinion No: 2013 NY Slip Op 69518(U)
Decided on April 4, 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

M153950

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-02348

Gabriel Gatto, appellant-respondent,

v Doug Smith, also known as Marian

D. Smith, et al., respondents-appellants,

Glenn D. Smith, et al., respondents.

(Index No. 2572/11)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a decision of the Supreme Court, Queens County, dated December 20, 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