Opinion
2018-06979 Index No. 17714/08
12-15-2021
U.S. BANK NATIONAL ASSOCIATION, etc., appellant, v. Mahendranauth MANGROO, et al., respondents, et al., defendants.
Reed Smith LLP, New York, NY (Michael V. Margarella of counsel), for appellant. Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi and Aveet Basnyat of counsel), for respondents.
Reed Smith LLP, New York, NY (Michael V. Margarella of counsel), for appellant.
Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi and Aveet Basnyat of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., BETSY BARROS, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Bernice D. Siegal, J.), entered January 23, 2018. The order directed a hearing to determine the validity of service of process on the defendants Mahendranauth Mangroo and Maureen Manoo.
Motion by the defendants Mahendranauth Mangroo and Maureen Manoo, in effect, to dismiss the appeal on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted. By decision and order on motion of this Court dated October 28, 2020, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Upon the papers filed in support of the motion, and no papers having been filed in opposition or in relation thereto, and upon the argument of the appeal, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal is dismissed, with costs.
The appeal from the order directing a hearing to determine the validity of service of process on the defendants Mahendranauth Mangroo and Maureen Manoo must be dismissed. The order merely directs a judicial hearing to aid in the disposition of a motion and does not affect a substantial right. Therefore, it is not appealable as of right (see CPLR 5701[a][2][v] ; Wells Fargo Bank, N.A. v. Santos, 192 A.D.3d 851, 139 N.Y.S.3d 857 ; Bank of N.Y. v. Segui, 120 A.D.3d 1369, 1370, 993 N.Y.S.2d 330 ), and leave to appeal has not been granted.
CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.