National Refund & Utility Services, Inc. v 36 Plaza Corp.
Motion No: 2018-08834
Slip Opinion No: 2019 NY Slip Op 60884(U)
Decided on January 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259189

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-08834, 2018-08835

National Refund & Utility Services, Inc., etc.,

respondent, v 36 Plaza Corp., appellant.

(Index No. 604624/15)

DECISION & ORDER ON MOTION

2018-08840

National Refund & Utility Services, Inc., etc.,

respondent, v West 34th Apts. Corp., etc., appellant.

(Index No. 604623/15)

Motion by the appellant to stay the sheriff's sale of the subject real property, pending hearing and determination of appeals from a decision of the Supreme Court, Nassau County, entered April 27, 2018, and two judgments of the same court, both entered May 14, 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 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.

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court