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VAGLICA v. HOMEYER

30 A.D.3d 587 (2006)

819 N.Y.S.2d 529

SALVATORE VAGLICA, Plaintiff, v. GLENN M. HOMEYER, Defendant. (Action No. 1.) GLENN M. HOMEYER et al., Appellants, v. SALVATORE VAGLICA et al., Respondents. (Action No. 2.) TROY FERDINANDO, Appellant, v. SALVATORE VAGLICA et al., Respondents, et al., Defendant. (Action No. 3.) GLENN M. HOMEYER et al., Plaintiffs, v. GUNNING BUSINESS MACHINES, INC., Defendant. (Action No. 4.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 2006.

Ordered that the appeals from the orders dated April 8, 2004 and December 6, 2004 are dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The appeal from the order dated April 8, 2004 must be dismissed, as no appeal lies from an order denying a motion to vacate a decision (see Behrens v Behrens,

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