| Bayview Loan Servicing, LLC v Mahaica |
| Motion No: 2023-06305 |
| Slip Opinion No: 2023 NY Slip Op 76575(U) |
| Decided on November 13, 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
M292217
KS/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.
|
2023-06305 Bayview Loan Servicing, LLC, respondent, v Lugard Mahaica, etc., et al, appellants, et al., defendants. (Index No. 702758/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated March 29, 2023. Motion by the appellants for leave to appeal to this Court from the order and to stay the sale of the subject property, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal purportedly taken as of right, inter alia, on the ground that the order is not appealable as of right and leave to appeal has not been granted.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay the sale of the subject property, pending hearing and determination of the appeal, and the cross-motion are denied as academic.
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court