Orr v Buquicchio
Motion No: 2009-06107
Slip Opinion No: 2009 NY Slip Op 77983(U)
Decided on July 15, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M89482

S/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2009-06107

Donna Orr, plaintiff,

v Angela Buquicchio, et al., defendants.

(Index No. 16017/04)

DECISION & ORDER ON MOTION

Motion by the defendant Angela Buquicchio for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 1, 2009, and to stay the foreclosure sale of the subject property pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay the foreclosure sale is denied as academic; and it is further,

ORDERED that the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court