| Garcia v Garcia |
| Motion No: 2016-04143 |
| Slip Opinion No: 2016 NY Slip Op 90185(U) |
| Decided on November 1, 2016 |
| 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
M220707
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2016-04143 Joaquin Garcia, etc., et al., respondents, v Peter Garcia, appellant. (Action No. 1) Peter Garcia, appellant, v Michael Garcia, etc., et al., respondents. (Action No. 2) (Index Nos. 24618/10, 28956/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial on the issue of damages in the above-entitled actions pending hearing and determination of an appeal from a decision of the Supreme Court, Kings County, dated February 16, 2016.
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 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 denied as academic.
RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court