| Izmirligil v Steven J. Baum, PC |
| Motion No: 2017-00050 |
| Slip Opinion No: 2017 NY Slip Op 95248(U) |
| Decided on December 12, 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
M243122
X/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-00050, 2017-00051, 2017-00052 Arif S. Izmirligil, appellant, v Steven J. Baum, P.C., et al., defendants-respondents, Thomas F. Whelan, et al., nonparty-respondents. (Index No. 612313/15)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated December 7, 2017, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated August 24, 2016, an order and judgment (one paper) of the same court dated November 2, 2016, and an order of the same court dated November 18, 2016, to withdraw the appeals from the order and judgment and the order.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals from the order and judgment and the order are marked withdrawn; and it is further,
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).
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court