| Birchwood at Spring Lake Home Owners Association, Inc. v Vaccarella |
| Motion No: 2018-09475 |
| Slip Opinion No: 2018 NY Slip Op 81607(U) |
| Decided on August 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
M254563
E/mm
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2018-09475 Birchwood at Spring Lake Home Owners Association, Inc., plaintiff, v Maron Vaccarella, et al., defendants. (Index No. 11342/10)
| DECISION & ORDER ON MOTION |
Motion by Maron Vaccarella, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated May 16, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order dated May 16, 2018, is appealable as of right (see CPLR 5701), without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew after a notice of appeal is filed.
SCHEINKMAN, P.J., BALKIN, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court