Patanella v Keveney
Motion No: 2015-07786
Slip Opinion No: 2015 NY Slip Op 84303(U)
Decided on September 11, 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

M198351

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-07786

Michael Patanella, respondent,

v Cynthia Keveney, appellant.

(Index No. 40656/09)

DECISION & ORDER ON MOTION

Motion by Cynthia Keveney for leave to appeal to this Court from a decision of the Supreme Court, Suffolk County, dated July 22, 2015, and to stay enforcement of the decision, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision, purportedly taken as of right, 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 otherwise denied as academic.

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court