Appellate Division: Second Judicial Department

M174597

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2012-10416, 2013-05283, 2014-04779 Hudson City Savings Bank, etc., appellant respondent, v 98 Washington Avenue Real LLC, et al., defendants, Ralph Ippolito, et respondents-appellants, GDG Holding Corporation, respondent. (Appeal Nos. 1, 2) Hudson City Savings Bank, etc., appellant v 98 Washington Avenue Realty, LLC, et defendants, Ralph Ippolito, et al., respondents. (Appeal No. 3) (Index No. 09-16929)

DECISION & ORDER ON MOTION - ty, al., , al.,

Motion by Hudson City Savings Bank on an appeal and cross appeals from an order of the Supreme Court, Westchester County, entered September 4, 2012, and appeals from a judgment and a decision of the same court, dated March 13, 2013, and April 9, 2014, respectively, to stay enforcement of any judgment entered in the above-entitled action upon the decision dated April 9, 2014, with respect to real property located at 15-21 Cassilis Avenue, Yonkers, New York, pending hearing and determination of the appeals and cross appeals from the order entered September 4, 2012, and the judgment dated March 13, 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 dated April 9, 2014 (Appellate Division Docket No. 2014-04779) 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., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court