Rothenberg v Congregation Anshei Sfard
Motion No: 2014-02892
Slip Opinion No: 2014 NY Slip Op 77256(U)
Decided on July 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M176841

T/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-02892, 2014-03547

Israel Rotenberg, appellant,

v Congregation Anshei Sfard, respondent.

(Index No. 13-1534)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of appeal from a decision of the Supreme Court, Rockland County, dated December 3, 2013, to be a notice of appeal from an order of the same court entered January 27, 2014.

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 the motion is denied as unnecessary, as the appellant filed a timely notice of appeal from the order entered January 27, 2014; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision 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).

MASTRO, J.P., DILLON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court