Appellate Division: Second Judicial Department

M156380

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2013-03208, 2013-03408, 2013-03862 Ana Echeverry, respondent, v Rocheane T. Mabatano, et al., appellants. (Index No. 6772/11)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including an inquest on the issue of damages, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated December 10, 2012, and February 25, 2013, respectively, and a decision of the same court dated February 19, 2013.

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 dated February 19, 2013 (Appellate Division Docket No. 2013-03862), 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 on the Court's own motion, the appeal from the order dated December 10, 2012 (Appellate Division Docket No. 2013-03408), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701; Bagdy v Progressive Foods Corp, 86 AD2d 589); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court