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.