Appellate Division: Second Judicial Department

M181871

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-07930, 2014-07986, 2014-09033 Mercedes Counihan, respondent, v Molly Bishop, appellant. (Index No. 3111/13)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated June 13, 2013, and two orders of the same court dated June 16, 2014, and September 18, 2014, respectively, inter alia, to stay a hearing on the issue of attorney's fees, pending hearing and determination of the appeals.

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 from the decision (Appellate Division Docket No. 2014-07986) 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 on the Court's own motion, the notice of appeal from the order dated June 16, 2014 (Appellate Division Docket No. 2014-07930), is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay the hearing on the issue of attorney's fees is granted, and the hearing on the issue of attorney's fees is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court