Bank of New York Mellon v Deflorimonte
Motion No: 2023-05056
Slip Opinion No: 2023 NY Slip Op 69160(U)
Decided on June 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289659

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2023-05056

Bank of New York Mellon, etc., respondent,

v Carl Deflorimonte, etc., appellant, et al.,

defendants.

(Index No. 704135/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 16, 2023.

On the Court's own motion, it is

ORDERED that the appeal 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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court