| 203-205 North 8th Street Loft, LLC v 203-205 N 8th Street, LLC |
| Motion No: 2018-03861 |
| Slip Opinion No: 2019 NY Slip Op 62946(U) |
| Decided on February 8, 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
M259974
E/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2018-03861 203-205 North 8th Street Loft, LLC, respondent, v 203-205 N 8th Street, LLC, et al., appellants, et al., defendant. (Index No. 6415/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Kings County, dated January 29, 2018, in effect, on the ground that no appeal lies from a decision or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants for leave to appeal to this Court from the decision.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as academic; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court