DECISION & ORDER ON MOTION
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated December 3, 2008 (Appellate Division Docket No. 2009-00469), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,
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