| Holliswood Oweners Corp. v Rivera |
| Motion No: 2015-07741 |
| Slip Opinion No: 2015 NY Slip Op 83624(U) |
| Decided on September 4, 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. |
Appellate Division: Second Judicial Department
M198063
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2015-07741, 2015-07742 Holliswood Owners Corp., et al., appellants, v Eve Rivera, et al., respondents. (Index No. 1846/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered July 15, 2015, and a decision of the same court also entered July 15, 2015, and to stay enforcement of so much of the order as directed that any counsel fees paid by the appellants to their attorneys in connection with the above-entitled action must be turned over to the respondents' attorney and held in escrow by him, pending hearing and determination of the appeals.
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 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); and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this Court is granted to the extent that leave to appeal to this Court is granted from so much of the order as directed that any counsel fees paid by the appellants to their attorneys in connection with the above-entitled action must be turned over to the respondents' attorney and held in escrow by him, and the motion is otherwise denied as unnecessary with respect to the remainder of the order (see CPLR 5701), and otherwise denied as academic with respect to the decision; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed that any counsel fees paid by the appellants to their attorneys in connection with the above-entitled action must be turned over to the respondents' attorney and held in escrow by him, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal from the order.
ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court