| Cantalupo Construction Corp. v 2319 Richmond Terrace C |
| Motion No: 2014-02713 |
| Slip Opinion No: 2014 NY Slip Op 69344(U) |
| Decided on April 14, 2014 |
| 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
M172607
E/sl
MARK C. DILLON, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-02713 Cantalupo Construction Corp., appellant, v 2319 Richmond Terrace Corp., responde et al., defendants. (Matter No. 1) In the Matter of 2319 Richmond Terrace C respondent, v Cantalupo Construction Cor appellant. (Matter No. 2) (Index Nos. 100906/11, 102882/12)
| DECISION & ORDER ON MOTION nt, orp., p., |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Richmond County, dated February 20, 2014, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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.
DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court