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Appellate Division, Second Department: February 28, 2019

Appellate Division, Second Department: February 28, 2019

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Motion List released on: February 28, 2019

By Scheinkman, P.J.; Balkin, Miller and Hinds-Radix, JJ.Riesenburger Properties, LLLP, res, v. PI Associates, LLC ap — Motion by the appellants PI Associates, LLC, James Pi, and 3909 Main Street, LLC, on appeals from a decision of the Supreme Court, Queens County, entered August 3, 2018, and a judgment of the same court entered December 10, 2018, pursuant to CPLR 5519(c) to stay enforcement of the judgment, to stay the respondent, or anyone acting on its behalf, from evicting the appellants from, or otherwise interfering with their possession or right to, the subject premises, and to stay a hearing on certain issues, pending hearing and determination of the appeals.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED 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 branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of so much of the judgment as is in favor of the respondent and against the appellants PI Associates, LLC, and 3909 Main Street, LLC, in the sum of $2,351,865.69, plus interest, is denied as unnecessary, as an undertaking has been posted pursuant to CPLR 5519(a)(2); and it is further,ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay the respondent, or anyone acting on its behalf, from evicting the appellants from, or otherwise interfering with their possession or rights to, the subject premises is denied (see CPLR 5519[a][6],[7]); and it is further,ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay a hearing on certain issues is denied.SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

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