Appellate Division: Second Judicial Department

M160862

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2005-08507, 2011-02998, 2011-04523, 2011-07121, 2011-07236, 2013-05513, 2013-05514 Greenpoint Bank, respondent, v Howard Salten, appellant, et al., defendants. (Index No. 11916/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to reinstate an appeal from an order of the Supreme Court, Queens County, dated June 8, 2005, and appeals from four orders of the same court dated June 8, 2005, February 8, 2011, April 1, 2011, May 12, 2011, and July 7, 2011, respectively, which were dismissed by a decision and order on motion of this Court dated April 4, 2006, and a decision and order on motion of this Court dated April 18, 2012, respectively, for failure to timely perfect, and to stay the foreclosure sale of the subject premises, pending hearing and determination of those appeals as well as appeals from a decision of the same court entered January 4, 2012, and an order of the same court dated March 25, 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 notice of appeal from the order dated March 25, 2013 (Appellate Division Docket No. 2013-05513), is deemed to be a notice of appeal from a judgment of foreclosure and sale of the Supreme Court, Queens County, dated March 28, 2013 (see CPLR 5512[a]); and it is further,

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2013-05514), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court