| Perkins v Barry |
| Motion No: 2014-04133 |
| Slip Opinion No: 2014 NY Slip Op 76783(U) |
| Decided on July 2, 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
M176622
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2014-04133 Thomas Perkins, et al., respondents, v Phillip Barry, appellant, et al., defendants. (Index No. 16411/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated October 10, 2013, pending hearing and determination of an appeal therefrom, and for poor person relief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, 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 and the application are denied as academic.
RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court