Walter Boss, Inc. v Cleary
Motion No: 2019-04358
Slip Opinion No: 2019 NY Slip Op 84598(U)
Decided on November 21, 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

M267678

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04358, 2019-04361, 2019-04392

Walter Boss, Inc., respondent-appellant,

v Jay Clearly, et al., appellant-respondents.

(Index No. 13643/08)

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Suffolk County, dated November 1, 2018, a judgment of the same court dated January 7, 2019, and a judgment of the same court entered March 15, 2019, and cross appeal from the judgment dated January 7, 2019.

On the Court's own motion, it is

ORDERED that 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 order on application of this Court entitled "[i]n the Matter of Applications for Extensions of Time," dated October 10, 2019, is amended (1) by adding Appellate Division Docket No. "2019-04358" to the "Docket No." entry concerning the matter entitled Walter Boss, Inc. v Clearly, under Appellate Division Docket No. 2019-04361, and (2) by adding to the "Applicant Name(s)" entry concerning that matter the name "Jay Cleary."

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court