Meihofer v Krass
Motion No: 2018-10739
Slip Opinion No: 2018 NY Slip Op 87365(U)
Decided on October 30, 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

M256964

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-10739

Robert W. Meihofer, respondent,

v James F. Krass, et al., appellants.

(Index No. 61831/14)

DECISION & ORDER ON MOTION

Motion by the respondent for a preference in the calendaring of an appeal from a decision of the Supreme Court, Suffolk County, dated August 16, 2018.

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.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court