Bayview Loan Servicing, LLC v Turner
Motion No: 2017-00006
Slip Opinion No: 2017 NY Slip Op 72653(U)
Decided on May 4, 2017
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

M230511

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2017-00006, 2017-02976

Bayview Loan Servicing, LLC, respondent,

v Arcolino Turner, appellant, et al., defendants.

(Index No. 601142/15)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated December 13, 2016, and February 21, 2017, respectively, inter alia, to dismiss the underlying action.

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 appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are 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 as academic.

ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court