Golban v. Zalmanov

Golban v Zalmanov (2021 NY Slip Op 05695)

Golban v Zalmanov

2021 NY Slip Op 05695

Decided on October 20, 2021

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 20, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
2018-07849
(Index No. 714784/17)

Thomas Weiss & Associates, P.C., Garden City, NY (Lindsay Borman of counsel), for appellant.

Kishner Miller Himes, P.C., New York, NY (Ryan O. Miller and Jonathan Cohen of counsel), for respondent.

DECISION & ORDER

In an action, inter alia, for the partition and sale of real property, the defendant Vadim Zalmanov appeals from a decision of the Supreme Court, Queens County (Janice A. Taylor, J.), entered May 3, 2018.

ORDERED that the appeal is dismissed, with costs.

The paper appealed from is designated "MEMORANDUM" and directs the parties to "[s]ettle order" (see Funk v Barry, 89 NY2d 364, 367). Thus, the paper appealed from constitutes a decision, not an order (see US Bank N.A. v Calle, 181 AD3d 938, 938; see also Ramirez v City of New York, 90 AD3d 1009, 1009). The appeal from the decision must be dismissed, as no appeal lies from a decision (see CPLR 5512[a]; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509).

RIVERA, J.P., MILLER, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court