Picciano & Scahill, P.C., Westbury, N.Y. (Albert Galatan of counsel), for appellant. Costella & Gordon, LLP, Garden City, N.Y. (Roy C. Gordon of counsel), for respondent.
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct.Atty.Ref.), dated September 7, 2012, made after a framed-issue hearing.
ORDERED that the appeal is dismissed, with costs.
The paper from which the petitioner appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision ( see Benabu v. Rienzo, 104 A.D.3d 714, 714, 961 N.Y.S.2d 482;Wall St. Mtge. Bankers, Ltd. v. Hinds, 81 A.D.3d 818, 818, 916 N.Y.S.2d 528;Hamilton v. Khalife, 2 A.D.3d 682, 682, 768 N.Y.S.2d 626;Matter of Diamond v. Gallagher, 291 A.D.2d 404, 404, 736 N.Y.S.2d 891;Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 509–510, 472 N.Y.S.2d 718) and, thus, the appeal must be dismissed.
BALKIN, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.