Opinion
2002-05162, 2002-05164
Argued April 15, 2003.
May 12, 2003.
In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated May 2, 2002, which denied its motion for leave to renew a decision of the same court, dated August 10, 2001, and (2) an order of the same court, dated May 6, 2002, which, in effect, denied that branch of its motion which was to distribute certain surplus money, and vacated a lien on the subject property.
Steven L. Levitt Associates, P.C., Williston Park, N.Y. (Edwin Kassoff and James J. Daw, Jr., of counsel), for appellant.
Lazer, Aptheker, Rosella Yedid, P.C., Melville, N.Y. (Zachary Murdock of counsel), for respondents Alabert J. O'Brien and Douglas Alan O'Brien.
Agovino Asselta, LLP, Mineola, N.Y. (Leo F. McGinity, Jr., and Jason Rothman of counsel), for respondent Union Illinois (1995) Investment Limited Partnership.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated May 2, 2002, is dismissed; and it is further,
ORDERED that the order dated May 6, 2002, is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.
No appeal lies from an order denying leave to renew a decision (see Matter of William S., 253 A.D.2d 557; Travelers Prop. Cas. v. Powell, 289 A.D.2d 564, 565; De Falco v. JRS Confectionary, 118 A.D.2d 752).
The plaintiff's contentions are without merit.
RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, JJ., concur.