ROBERT J. CONGEL res-ap, v. MARC A. MALFITANO, APPELLANTres — Appeal by the defendant and cross appeal by the plaintiffs from a decision of the Supreme Court, Dutchess County, dated September 27, 2012.

On the Court's own motion, it is

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v. J. A. Green Constr. Corp., 100 AD2d 509).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.