Appellate Division: Second Judicial Department

M205974

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-10098, 2015-10114, 2015-10118 Joanne M. Schmid, respondent, v Hans G. Schmid, appellant. (Index No. 30736/12)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, all dated August 11, 2015, inter alia, in effect, to stay a receiver from taking any action with respect to the subject real property.

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 from the order dated August 11, 2015, inter alia, appointing a receiver (Appellate Division Docket No. 2015-10098) 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 on the Court's own motion, the appeal from the order dated August 11, 2015, inter alia, directing the sale of certain real property (Appellate Division Docket No. 2015-10114) 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.

DILLON, J.P., HALL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court