| Walden Federal Savings and Loan Association v Schoonm |
| Motion No: 2011-10764 |
| Slip Opinion No: 2011 NY Slip Op 92701(U) |
| Decided on December 12, 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
M130157
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2011-10764 Walden Federal Savings and Loan Association, respondent, v Schoonmaker Home, LLC, et al., appellants, et al., defendants. (Index No. 57/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay a deficiency hearing in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated September 23, 2011.
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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court