Appellate Division: Second Judicial Department

M194810

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06994, 2013-06995 Mack-Cali Realty, L.P., et al., appellants- respondents, v Everfoam Insulation Systems, Inc., respondent-appellant. (Index No. 15778/08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 31, 2013, in the above-entitled action on appeals from an amended judgment of the Supreme Court, Westchester County, dated June 6, 2013, and a decision and order (one paper ) of the same court entered May 9, 2013, is amended by (1) adding to the preamble thereof after the word "decision" the words, "and order (one paper)," and (2) deleting the decretal paragraph thereof and substituting therefor the following decretal paragraph:

"ORDERED that the appeal and cross appeal from the decision and order pending under Appellate Division Docket No. 2013-06995 are dismissed, without costs or disbursements, on the grounds that (1) the right of direct appeal from so much of the decision and order as constitutes an order terminated upon entry of the amended judgment dated June 6, 2013 (see Matter of Aho, 39 NY2d 241), and any issues relating to the appeal and cross appeal from that portion of the decision and order have been reviewed on the appeal and cross appeal from the amended judgment (see Mack-Cali Realty, L.P., v Everfoam Insulation Systems, Inc., _______ AD3d ______ [June 3, 2015]), and (2) no appeal lies from so much of the decision and order as constitutes a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509)."

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

ENTER:

Aprilanne Agostino

Clerk of the Court