| Sabor A. Mexico, Inc. v 75 South Street Corp. |
| Motion No: 2012-08859 |
| Slip Opinion No: 2013 NY Slip Op 79848(U) |
| Decided on July 17, 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
M159485
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2012-08859 Sabor A. Mexico, Inc., et al., respondents, v 76 South Street Corp., appellant, et al., defendants. (Index No. 22020/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from a decision of the Supreme Court, Nassau County, dated July 12, 2012, on the ground that the appendix is inadequate.
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 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 as academic.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court