| RMS Mortgage Asset Trust 2012-1 v Whiby |
| Motion No: 2018-06917 |
| Slip Opinion No: 2018 NY Slip Op 77398(U) |
| Decided on July 11, 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
M252368
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2018-06917 RMS Mortgage Asset Trust 2012-1, respondent, v Jamelia Whiby, et al., defendants, Lloyd Francis, appellant. (Index No. 23938/07)
| DECISION & ORDER ON MOTION |
Motion by the defendant Lloyd Francis for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 24, 2018, and, inter alia, to stay the sale of the subject premises, pending hearing and determination of the appeal.
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 the motion is dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause; and it is further,
ORDERED that on the Court's own motion, the appeal 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.
BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court