TODD ROTWEIN, D.P.M., P.C., APPELLANT-res, v. NADER ENTERPRISES, LLC RESPONDENTS-ap
TODD ROTWEIN, D.P.M., P.C., APPELLANT-res, v. NADER ENTERPRISES, LLC RESPONDENTS-ap — Motion by Nader Enterprises, LLC, to stay enforcement of a decision of the Supreme Court, Nassau County, dated August 14, 2012, pending hearing and determination of an appeal and cross appeal therefrom. Cross motion by the appellant-respondent to dismiss the appeal on the ground that the right of direct appeal from the decision terminated upon entry of judgment in the above-entitled action. Application by the appellant-respondent to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal and cross appeal are 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 motion, the cross motion and the application are denied as academic.
DILLON, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.