37-31 73rd Street Owners Corp. v 37-19 73rd Street, LLC

37-31 73rd Street Owners Corp. v 37-19 73rd Street, LLC

Motion No: 2014-05515

Slip Opinion No: 2014 NY Slip Op 80696(U)

Decided on August 18, 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

M178458

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-05515, 2014-05519, 2014-06286
37-31 73rd Street Owners Corp., respondent,
v 37-19 73rd Street, LLC, appellant.
(Index No. 2562/120

DECISION & ORDER ON MOTION

Appeals by the defendant from two orders of the Supreme Court, Queens County, dated November 1, 2012, and February 10, 2014, respectively, and a decision of the same Court dated September 25, 2013.

On the Court's own motion, it is

ORDERED that the appeal from the order dated November 1, 2012, is dismissed (Appellate Division Docket No. 2014-06286), without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted, and because this appeal is a duplicate of an appeal that was dismissed by decision and order on motion of this Court dated June 12, 2013 (Appellate Division Docket No. 2013-00407); and it is further,

ORDERED that the appeal from the decision under Appellate Division Docket Number 2014-05515 is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court