| Technovate, LLC, Etc. & Matthew Gardiner v Emily Fanelli, Etc. |
| Motion No: 2017-00538 RIC |
| Slip Opinion No: 2017 NY Slip Op 71724(U) |
| Decided on April 11, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Technovate, LLC, etc. and Matthew Gardiner, Respondents-Appellants, v Emily Fanelli, etc., Appellant-Respondent. |
Appeal and cross appeal from a decision of the Civil Court of the City of New York, Richmond County, entered September 24, 2015.
On the court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed.
Although denominated a "decision/judgment," the paper appealed from is in fact a decision, since it was not signed by the clerk (CPLR 5016 [c]). No appeal lies from a decision (see CCA 1702; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). The parties' remedy, if so advised, is to have a judgment entered and to appeal therefrom (CCA 1401). It is noted that the notice of appeal and the notice of cross appeal were filed only in, and thus are valid only as to, the Civil Court index number listed above, and are not valid as to a judgment in a small claims action that was tried together, but not consolidated with, the above-captioned action.
ENTER:
Paul Kenny
Chief Clerk