| US Bank v Austin |
| Motion No: 2019-03518 |
| Slip Opinion No: 2019 NY Slip Op 75226(U) |
| Decided on July 16, 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. |
Appellate Division: Second Judicial Department
M264386
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2019-03518, 2019-03519 US Bank, respondent, v Anuola Austin, appellant, et al., defendant. (Index No. 504967/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, dated March 13, 2018, and September 12, 2018, respectively, inter alia, on the ground that the appeals have been rendered academic.
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 denied; and it is further,
ORDERED that on the Court's own motion, the appeal from so much of the order dated March 13, 2018, as referred the matter for a hearing is dismissed, without costs or disbursements as no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted.
MASTRO, J.P., DILLON, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Cout