| HSBC Mortgage Corporation v David |
| Motion No: 2011-01548 |
| Slip Opinion No: 2011 NY Slip Op 65448(U) |
| Decided on March 1, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M116338
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
|
2011-01548 HSBC Mortgage Corporation, respondent, v Talakkottur R. David, et al., appellants, et al., defendant. (Index No. 21462-08)
| DECISION & ORDER ON MOTION |
Motion by Talakkottur R. David for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 7, 2011, to stay all holdover proceedings against the appellants in the Second District Court, Suffolk County, and to vacate the judgment of foreclosure entered May 19, 2010.
Upon the papers filed in support of the motion and the papers 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 on the Court's own motion, the appeal by Talakkottur R. David and Alice David which was purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]); and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., COVELLO, DICKERSON and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court