Holub Enterprises, Inc. v DL Rothberg & Associate, P.C.
Motion No: 2015-01158
Slip Opinion No: 2015 NY Slip Op 65556(U)
Decided on March 3, 2015
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

M188364

T/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-01158

Holub Enterprises, Inc., et al., appellants,

v DL Rothberg & Associates, P.C., respondent.

(Index No. 37944/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a decision of the Supreme Court, Suffolk County, dated December 20, 2014, pending hearing and determination of an appeal therefrom.

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 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 as academic.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court