Baumgarten v Federal Home Loan Mortgage Corp.
Motion No: 2014-04566
Slip Opinion No: 2014 NY Slip Op 74331(U)
Decided on June 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

M175171

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2014-04566, 2014-04569, 2014-04570,

2014-04572

Barbara A. Baumgarten, appellant,

v Federal Home Loan Mortgage Corp.,

et al., respondents.

(Index No. 20841/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of four orders of the Supreme Court, Suffolk County, dated November 8, 2013, January 27, 2014, February 20, 2014, and April 29, 2014, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders dated November 8, 2013, and April 29, 2014 (Appellate Division Docket Nos. 2014-04566, 2014-04572), are 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 on the Court's own motion, the appeal from the order dated January 27, 2014 (Appellate Division Docket No. 2014-04570), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court