Appellate Division: Second Judicial Department

M213934

E/ct

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-11047 Pinelawn Cemetery, respondent, v Metropolitan Transportation Authority, et al., defendants/counterclaim plaintiffs- appellants-respondents, New York and Atlantic Railway, defendant-appellant- respondent; Town of Babylon, counterclaim defendant-respondent-appellant. (Index No. 4452/09)

DECISION & ORDER ON MOTION

2016-02508, 2016-03193

In the Matter of New York and Atlantic Railway,

et al., respondents, v Town of Babylon, et al.,

appellants.

(Index No. 692/10)

Motion by Pinelawn Cemetery to calendar together appeals and a cross appeal from a judgment of the Supreme Court, Suffolk County, dated September 8, 2014, and appeals from a judgment of the same court dated September 15, 2015, and a decision of the same court dated July 14, 2015.

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 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 granted to the extent that the appeals and cross appeal from the judgment dated September 8, 2014, will be calendared together with the appeals from the judgment dated September 15, 2015, and the motion is otherwise denied as academic.

LEVENTHAL, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court