| Real Estate Mortgage Network, Inc. v Martinez |
| Motion No: 2022-07098 |
| Slip Opinion No: 2023 NY Slip Op 66790(U) |
| Decided on May 12, 2023 |
| 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
M288925
AFA/
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2022-07098 Real Estate Mortgage Network, Inc., respondent, v Richard Martinez, et al., defendants; Heirs of Richard Martinez, deceased, nonparty-appellants. (Index No. 25426/2011)
| DECISION & ORDER ON MOTION |
Appeal from an amended judgment of the Supreme Court, Suffolk County, dated April 25, 2022. Motion by the appellants to stay the sale of the subject premises, pending appointment of a personal representative of the estate of the deceased defendant Richard Martinez and/or pending hearing and determination of the appeal. By order to show cause dated January 23, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the appellants are not aggrieved (see CPLR 5511), and the appellants' motion was held in abeyance in the interim.
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 papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the appellants' motion is denied as academic.
DILLON, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court