Appellate Division: Second Judicial Department

M295274

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-02151, 2024-02297 First and Main Corp., et al., appellants, et al., plaintiff, v First and Main Corp., et al., respondents, et al., defendants. (Index No. 32468/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Rockland County, dated November 7, 2018, and a decision of the same Court dated February 16, 2023, respectively. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals. Cross-motion by the respondents to dismiss the appeal from the decision on the ground that no appeal lies from a decision. Separate motion by the respondents, inter alia, to dismiss the appeal from the order on the ground that it was untimely taken. Separate motion by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellants and the motion, inter alia, to dismiss the appeal from the order and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto,

ORDERED that the motion to dismiss the appeal from the decision is granted, 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 branch of the motion which is to dismiss the appeal from the order dated November 7, 2018, on the ground that it was untimely taken is granted; and it is further,

ORDERED that the motions are otherwise denied as academic.

CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court