| Vanderbilt Mortgage v Marino |
| Motion No: 2015-00904 |
| Slip Opinion No: 2015 NY Slip Op 72000(U) |
| Decided on May 1, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M191583
E/ct
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2015-00904 Vanderbilt Mortgage, respondent, v John Marino, appellant. (Index No. 104195/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, County, dated January 5, 2015, on the ground that the order is not appealable as of right and leave to appeal has not been granted, or on the ground that the order has been superseded by a proposed judgment of foreclosure.
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 to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted is denied; and it is further,
ORDERED that the motion is otherwise denied as no judgment has been entered in the action.
SKELOS, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court