| Hartmann v Harris |
| Motion No: 2013-09037 |
| Slip Opinion No: 2013 NY Slip Op 87987(U) |
| Decided on October 10, 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
M163618
E/sl
MARK C. DILLON, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2013-09037, 2013-09038 Ellen Hartmann, appellant, v Benjamin Harris, respondent. (Index No. 330/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent, or anyone acting on his behalf, from entering upon or clearing trees from the disputed right of way, pending hearing and determination of appeals from a decision of the Supreme Court, Orange County, dated August 9, 2013, and a judgment of the same court dated September 10, 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 (Appellate Division Docket No. 2013-09037) 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., SGROI, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court