Appellate Division: Second Judicial Department

M288312

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2019-00114 MTGLQ Investors, L.P., plaintiff-respondent, v Hannah Zupnick, appellant, et al., defendants; Metlife Home Loans, etc., nonparty-respondent. (Index No. 12801/2010)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Rockland County, dated October 11, 2018. By order to show cause dated April 1, 2022, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies as of right from that portion of the decision and order which ordered that the matter was marked disposed and directed the clerk "to mark the matter as such," as that portion of the decision and order did not result from a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Motion by the appellant for leave to appeal to this Court from the decision and order.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the paper filed in opposition thereto, it is

ORDERED that the motion for leave to appeal is denied; and it is further,

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements.

IANNACCI, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court