From Casetext: Smarter Legal Research

GMAC Mortg. v. Yun

Supreme Court of New York, Second Department
Jun 15, 2022
2022 N.Y. Slip Op. 3885 (N.Y. App. Div. 2022)

Opinion

No. 2018-08276 Index No. 5529/08

06-15-2022

GMAC Mortgage, LLC, respondent, v. Jenny Yun, etc., appellant, et al., defendants.

Sajid H. Jaffrey, Hollis, NY, for appellant. Fein, Such & Crane, LLP, Westbury, NY (Michael S. Hanusek of counsel), for respondent.


Sajid H. Jaffrey, Hollis, NY, for appellant.

Fein, Such & Crane, LLP, Westbury, NY (Michael S. Hanusek of counsel), for respondent.

ANGELA G. IANNACCI, J.P. ROBERT J. MILLER JOSEPH J. MALTESE DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Jenny Yun appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered August 28, 2017. The order directed a hearing to determine the validity of service of process on the defendant Jenny Yun, held that branch of that defendant's motion which was pursuant to CPLR 3012(d) for leave to serve a late answer in abeyance pending the outcome of the hearing, and, sua sponte, directed that defendant to file a note of issue.

ORDERED that the appeal is dismissed, with costs.

The appeal must be dismissed as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion, an order holding a motion in abeyance, or an order entered sua sponte (see CPLR 5701[a][2]; Sholes v Meagher, 100 N.Y.2d 333, 335; U.S. Bank N.A. v Mangroo, 200 A.D.3d 929, 930; Stewart v Berger, 192 A.D.3d 940, 942; Evan S. v Joseph R., 70 A.D.3d 668, 668), and leave to appeal has not been granted.

IANNACCI, J.P., MILLER, MALTESE and DOWLING, JJ., concur.


Summaries of

GMAC Mortg. v. Yun

Supreme Court of New York, Second Department
Jun 15, 2022
2022 N.Y. Slip Op. 3885 (N.Y. App. Div. 2022)
Case details for

GMAC Mortg. v. Yun

Case Details

Full title:GMAC Mortgage, LLC, respondent, v. Jenny Yun, etc., appellant, et al.…

Court:Supreme Court of New York, Second Department

Date published: Jun 15, 2022

Citations

2022 N.Y. Slip Op. 3885 (N.Y. App. Div. 2022)