| Rouikaite v Kimker |
| Motion No: 2013-04940 |
| Slip Opinion No: 2013 NY Slip Op 76093(U) |
| Decided on June 6, 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
M157541
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2013-04940, 2013-05667 Monika Rouikaite, respondent, v Keith Kimker, appellant. (Index No. 9610/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision of the Supreme Court, Dutchess County, dated March 21, 2013, and a judgment of the same court dated May 15, 2013, to stay enforcement of the judgment pending hearing and determination of the appeals.
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. 2013-04940) 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., CHAMBERS, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court