Opinion
2011-10-4
HSBC MORTGAGE SERVICES, INC., appellant,v.Althea JAMES, respondent, et al., defendants.
Fein Such & Crane, LLP, Chestnut Ridge, N.Y. (Michael S. Hanusek of counsel), for appellant.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated May 5, 2009, which, sua sponte, directed the removal of the name of the defendant Althea James from the subject deed and mortgage.
ORDERED that the appeal is dismissed, without costs or disbursements.
The order dated May 5, 2009, is not appealable as of right, as no appeal lies as of right from an order that does not decide a motion made on notice ( see CPLR 5701[a][2] ). No application has been made for permission to appeal, and we decline to grant leave to appeal under the circumstances of this case, as the record is inadequate to determine the appeal on the merits ( see Independence Constr. Corp. v AMOCO Constr. Corp., 33 A.D.3d 963, 822 N.Y.S.2d 729; Cuffie v New York City Health & Hosps. Corp., 260 A.D.2d 423, 424, 686 N.Y.S.2d 723).
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.