Bank of New York v Dorce
Motion No: 2014-03763
Slip Opinion No: 2014 NY Slip Op 71158(U)
Decided on May 5, 2014
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

M173611

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-03763, 2014-03766, 2014-03999

Bank of New York, etc., respondent,

v Wilguens Dorce, appellant, et al.,

defendants.

(Index No. 3519/09)

DECISION & ORDER ON MOTION

Motion by Wilguens Dorce, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 17, 2014, and to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from a judgment of the same court entered September 24, 2013, and a decision of the same court also entered September 24, 2013.

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 from the decision 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 otherwise denied.

ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court