| Blackburn Food Corp v Ardi, Inc. |
| Motion No: 2017-12336 |
| Slip Opinion No: 2017 NY Slip Op 96495(U) |
| Decided on December 26, 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
M243738
E/rr
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
LINDA CHRISTOPHER, JJ.
|
2017-12336 Blackburn Food Corp., et al., respondents, v Ardi, Inc., et al., appellants, et al., defendants. (Index No. 609895/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from a decision of the Supreme Court, Suffolk County, dated October 25, 2017.
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.
HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court