Opinion
August 28, 1995
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
A defaulting mortgagor is not entitled to the insurance proceeds of a fire policy on a premises that is maintained, inter alia, for the benefit of the mortgagee (see, Builders Affiliates v. North Riv. Ins. Co., 91 A.D.2d 360; see also, Grady v. Utica Mut. Ins. Co., 69 A.D.2d 668). Here, the appellant defaulted on her mortgage payments to the plaintiff and therefore was not entitled to any of the proceeds that were payable under the fire insurance policy.
The Supreme Court properly granted the motion of the receiver for leave to settle his claim against Atlantic Mutual Insurance Company. Mangano, P.J., Thompson, Ritter and Florio, JJ., concur.