US Bank Trust, N.A. v Giannakoulopoulos
Motion No: 2014-11187
Slip Opinion No: 2014 NY Slip Op 94296(U)
Decided on December 30, 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

M185083

E/ct

RANDALL T. ENG, P.J.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-11187

US Bank Trust, N.A., etc., respondent,

v Ana M. Giannakoulopoulos, appellant,

et al., defendants.

(Index No. 32624/10)

DECISION & ORDER ON MOTION

Motion by the appellant, 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, Suffolk County, dated November 26, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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.

ENG, P.J., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court