Retained Realty, Inc. v Syed
Motion No: 2013-04475
Slip Opinion No: 2014 NY Slip Op 80918(U)
Decided on August 20, 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

M178301

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2013-04475

Retained Realty, Inc., respondent,

v Yawak H. Syed, appellant, et al., defendants.

(Index No. 7863/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the foreclosure sale of the subject permises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 15, 2012.

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 from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 1, 2013, in the above-eneitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court