Lay v Smith
Motion No: 2019-03348
Slip Opinion No: 2020 NY Slip Op 73695(U)
Decided on October 26, 2020
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

M273674

MB/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-03348, 2019-08032

Amy Jen Mei Lay, appellant-respondent,

v Oscar Smith, respondent-appellant, et al.,

defendant.

(Index No. 515984/2016)

DECISION & ORDER ON MOTION

Appeals and cross appeals from a decision of the Supreme Court, Kings County, dated January 20, 2019, and an amended decision of the same court dated May 20, 2019. By order to show cause dated August 28, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals and cross appeals on the ground that no appeal lies from a decision.

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

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

CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court