Opinion
Motion No. 2023-06305 Index No. 702758/2014
11-13-2023
Bayview Loan Servicing, LLC, respondent, v. Lugard Mahaica, etc., et al, appellants, et al., defendants.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, LARA J. GENOVESI, LILLIAN WAN, JJ.
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.