| Deutsche Bank National Trust Company v Smalls |
| Motion No: 2023-07013 |
| Slip Opinion No: 2024 NY Slip Op 70106(U) |
| Decided on June 26, 2024 |
| 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
M297324
AFA/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2023-07013 Deutsche Bank National Trust Company, etc., respondent, v Wayne Smalls, appellant, et al., defendants. (Index No. 710375/2021)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Queens County, dated April 5, 2023. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court