| Morris v Kids Etcetera Day Care Center |
| Motion No: 2023-05940 |
| Slip Opinion No: 2023 NY Slip Op 74764(U) |
| Decided on October 6, 2023 |
| 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
M291472
AFA/
ROBERT J. MILLER, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2023-05940 Vivienne Morris, respondent, v Kids Etcetera Day Care Center, et al., defendants, Jasmine Hoyt, appellant. (Index No. 6606/2015)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Kings County, dated April 27, 2023. Motion by the appellant, in effect, to stay enforcement of the decision, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that no appeal lies from a 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 cross-motion 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 motion is denied as academic.
MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court