Deutsche Bank National Trust Company v Lorusso
Motion No: 2016-11572
Slip Opinion No: 2016 NY Slip Op 92454(U)
Decided on November 25, 2016
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

M221991

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-11572, 2016-11573, 2016-11574

Deutsche Bank National Trust Company, etc.,

plaintiff-respondent, v Tina M. Cristiano

Lorusso, et al., appellants, Bank of America,

NA, defendant-respondent.

(Index No. 28682/08)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the sale of the subject premises, pending hearing and determination of appeals from a judgment of the Supreme Court, Suffolk County, entered August 26, 2016, and two orders of the same court dated July 19, 2016, and November 2, 2016, respectively.

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 November 2, 2016 (Appellate Division Docket No. 2016-11574), 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.

DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court