| Matter of Grossbarth v Dankner, Milstein and Ruffo, P.C. |
| Motion No: 2015-05315 |
| Slip Opinion No: 2017 NY Slip Op 65377(U) |
| Decided on February 27, 2017 |
| 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
M226769
E/sl
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2015-05315, 2016-10488, 2017-00389 In the Matter of Joel Grossbarth, etc., respondent, v Dankner, Milstein and Ruffo, P.C., appellant. (Index No. 31526/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Rockland County, dated April 30, 2015, a decision of the same court dated August 30, 2016, and a judgment of the same court entered December 16, 2016, to stay enforcement of the judgment pending hearing and determination of the appeal from the order, to enlarge the time to perfect the appeal from the decision, and to consolidate 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 branches of the motion which are to stay enforcement of the judgment and to consolidate the appeals from the order and the judgment are denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that on the Court's own motion, the appeals from the order and the judgment will be calendared together and will be argued or submitted on the same date.
LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court