| Security Home Mortgage, Ltd. v Smith |
| Motion No: 2013-05838 |
| Slip Opinion No: 2013 NY Slip Op 77174(U) |
| Decided on June 19, 2013 |
| 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
M158163
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-05838 Security Home Mortgage, Ltd., respondent, v Ronald Smith also known as Ronald S. Smith, et al., appellants, et al., defendant. (Index No. 07-3338)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, entered May 21, 2013.
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 is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court