| 23-35 Bridge Street, LLC v Excel Automotive Tech Center, Inc. |
| Motion No: 2018-14340 |
| Slip Opinion No: 2019 NY Slip Op 60124(U) |
| Decided on January 3, 2019 |
| 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
M258852
E/sl
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-14340 23-35 Bridge Street, LLC, respondent-appellant, v Excel Automotive Tech Center, Inc., appellant- respondent. (Index No. 11088/03)
| DECISION & ORDER ON MOTION |
Motion by Excel Automotive Tech Center, Inc., on an appeal and a cross appeal from a decision of the Supreme Court, Kings County, dated October 29, 2018, inter alia, for leave to appeal to this Court from the decision and to stay enforcement of the decision, pending hearing and determination of the appeal and cross appeal.
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 and cross appeal are 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., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court