| US Bank N.A.v Brown |
| 2016 NY Slip Op 03453 [139 AD3d 430] |
| May 3, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| US Bank National Association,
Respondent, v Gauntlet Brown, Appellant, et al., Defendants. |
[Recalled and vacated, see 147 AD3d 428.]
Petroff Law Firm, P.C., Brooklyn (James Tierney of counsel), for appellant.
Hogan Lovells US LLP, New York (David Dunn of counsel), for respondent.
Appeal from the decision, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 30, 2014, which granted plaintiff's motion for an order appointing a referee to ascertain the amount due to it, unanimously dismissed, without costs, as taken from a nonappealable paper.
The motion court's decision directed the parties to submit an order on notice. The record does not contain the settled order that the motion court directed to implement its decision. No appeal lies from a decision (see CPLR 5512 [a]; Gunn v Palmieri, 86 NY2d 830 [1995]), or from an appealed paper directing the settlement of an order (see Murray Hill Manor Co. v Destination Paradise, 266 AD2d 132 [1999]).
Since the issues raised herein are not properly before us, the appeal must be dismissed (see Rodriquez v Chapman-Perry, 63 AD3d 645, 646 [2009]). Concur—Tom, J.P., Sweeny, Manzanet-Daniels, Gische and Gesmer, JJ.