Seabring, LLC v Elegance Restaurant Furniture Corp.
Motion No: 2017-11529
Slip Opinion No: 2018 NY Slip Op 70148(U)
Decided on April 19, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248927

E/rr

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2017-11529, 2017-11534

Seabring, LLC, respondent, v Elegance

Restaurant Furniture Corp., et al., appellants.

(Index No. 16445/13)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a decision of the Supreme Court, Kings County, dated September 5, 2017, and a judgment of the same court dated September 5, 2017, to stay enforcement of the judgment and to stay the respondent, or anyone acting on its behalf, from taking any action, inter alia, to encumber their property or accounts, pending hearing and determination of 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 motion is denied.

DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court