U.S. Bank National Association v Ramlogan
Motion No: 2018-09145
Slip Opinion No: 2018 NY Slip Op 81698(U)
Decided on August 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M254594

E/mm

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-09145

U.S. Bank National Association, etc., respondent,

v Mike Ramlogan, appellant, et al., defendants.

(Index No. 13981/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 31, 2018.

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 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; and it is further,

ORDERED that the motion is dismissed for failure to provide proof of service in accordance with the terms of the order to show cause.

SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court