Appellate Division: Second Judicial Department

M213348

E/ct

RANDALL T. ENG, P.J.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2015-09768 Carmine DePalma, et al., appellants-respondents, v Roundpoint Mortgage Servicing Corporation, et al., respondents-appellants, et al., defendants; Goshen Mortgage, nonparty-respondent. (Index No. 52322/14)

DECISION & ORDER ON MOTION

2016-04940

Carmine DePalma, et al., plaintiffs-respondents,

v Roundpoint Mortgage Servicing Corporation,

et al., appellants, Amica Mutual Insurance

Company, defendant-respondent et al., defendants.

(Index No. 52322/14)

Motion by Roundpoint Mortgage Servicing Corporation and Private Capital Group, LLC, to stay all discovery in the above-entitled action, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated October 5, 2015, and an appeal from an order of the same court dated April 5, 2016.

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 dated April 5, 2016 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 leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied.

ENG, P.J., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court