| Real Estate Mortgage Network, Inc. v Martinez |
| Motion No: 2017-09732 |
| Slip Opinion No: 2018 NY Slip Op 71675(U) |
| Decided on April 27, 2018 |
| 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
M249351
E/rr
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2017-09732, 2017-09733 Real Estate Mortgage Network, Inc., respondent, v Richard Martinez, appellant, et al., defendants. (Index No. 25426/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated May 11, 2017, and August 8, 2017, 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 May 11, 2017, 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 on the Court's own motion, the appeal from the order dated August 8, 2017, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court