Prilik v Petro Home Services
Motion No: 2019-08909
Slip Opinion No: 2020 NY Slip Op 74054(U)
Decided on November 2, 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

M273281

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2019-08909

Joann Prilik, et al., respondents,

v Petro Home Services, et al., appellants.

(Index No. 605220/2017)

DECISION & ORDER ON MOTION

2019-10822

Joann Prilik, et al., appellants-respondents,

v Petro Home Services, et al., respondents-

appellants.

(Index No. 605220/2017)

Appeal from a decision of the Supreme Court, Nassau County, entered July 15, 2019, and appeal and cross appeal from a judgment of the same court entered August 19, 2019. Motion by Petro Home Services, Petro Inc., and Petroleum Heat and Power Co., Inc., to consolidate the appeal from the decision with the appeal and cross appeal from the judgment. Separate motion by Petro Home Services, Petro Inc., and Petroleum Heat and Power Co., Inc., to extend the time to perfect the appeal from the decision.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation 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 motions are denied as academic.

RIVERA, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court