Psrs Realty v Dmitriy Prosolov et al.
Motion No: 2013-01542 nc
Slip Opinion No: 2013 NY Slip Op 81424(U)
Decided on July 31, 2013
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

HECTOR D. LaSALLE

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2013-1543 N C
2013-1542 N C and
PSRS Realty, Appellant-Respondent, v Dmitriy Prosolov et al., Respondents-Appellants, et al., Undertenants.

Appeal from an order and appeal and cross appeal from a decision of the District Court of Nassau County, First District, dated, respectively, February 14, 2013 and February 25, 2013.

On the court's own motion, it is

ORDERED that the appeals and cross appeal are consolidated for the purposes of disposition; and it is further,

ORDERED that the appeals and cross appeal are dismissed.

The appeal from the order is dismissed on the ground that no appeal as of right lies from an order that does not determine a motion made on notice (UDCA 1702 [a] [2]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or on an order to show cause is served." The appeal and cross appeal from the decision are dismissed on the ground that no appeal lies from a decision (UDCA 1702; see Farag v Farag, 4 AD3d 502 [2004]).

ENTER:

Paul Kenny

Chief Clerk