Appellate Division: Second Judicial Department

M220497

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-06469, 2016-10418 Courtview Owners Corp., appellant, v Courtview Holding B.V., et al., respondents. (Index No. 6913/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings related to the award of attorney's fees, in the above-entitled action, including any hearing on the amount of attorney's fees or entry of a judgment awarding attorney's fees, pending hearing and determination of an appeal from a decision of the Supreme Court, Queens County, dated February 25, 2016, and an order of the same court dated September 8, 2016.

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, and all proceedings related to the award of attorney's fees, in the above-entitled action, including any hearing on the amount of attorney's fees or entry of a judgment awarding attorney's fees, are stayed pending hearing and determination of the appeal from the order dated September 8, 2016, on condition that the appeal from the order dated September 8, 2016, is perfected on or before November 28, 2016; and it is further,

ORDERED that in the event the appeal from the order dated September 8, 2016 is not perfected on or before November 28, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court