Appellate Division: Second Judicial Department

M260821

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-06720, 2019-01248, 2019-2002 Residential Mortgage Solution, LLC, respondent, v Betty Ann Kupfer, etc., appellant, et al., defendants (Index No. 5432/16)

DECISION & ORDER ON MOTION .

Motion by the appellant on appeals from a judgment of the Supreme Court, Nassau County, entered March 14, 2019, and two orders of the same court dated November 26, 2018, and January 7, 2019, respectively, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), in effect, to stay enforcement of the judgment pending hearing and determination of the appeals, and to enlarge the record to include certain material.

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 January 7, 2019, 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 branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the judgment is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court