Appellate Division: Second Judicial Department

M258872

E/sl

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-12325 Valco Building and Maintenance Supplies Corp., appellant, v Werwaiss & Co., Inc., et al., respondents, et al., defendants. (Index No. 703938/14)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated August 24, 2018. By order to show cause dated October 26, 2018, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from so much of the decision and order as denied the motion to dismiss, denied the motion for the application of the setoff doctrine, and denied "[a]ll other trial motions" as those portions of the decision and order were not the result of a motion made on notice and leave to appeal had not been granted, and that the remainder of the decision and order constitutes a decision from which no appeal lies.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701; Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

DILLON, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court