Citibank, N.A. v Porges
Motion No: 2018-01394
Slip Opinion No: 2019 NY Slip Op 63916(U)
Decided on February 25, 2019
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

M260440

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-01394

Citibank, N.A., respondent, v Peshe Porges,

appellant, et al., defendants.

(Index No. 19482/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 6, 2017. By order to show cause dated January 14, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the above-entitled action on December 29, 2017.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court