Schmidt, Executor &c. vs. Levy and others

Schmidt, Executor &c. vs. Levy and others. An order to stay proceedings, being discretionary, is not appealable ; especially when the motion is granted upon terms. The terms never can be reviewed. APPEAL by the defendant from an order made at a special term, granting a stay of proceedings, upon terms, on a judgment of foreclosure and sale. Elias G. Levy, for the appellant. Jacob A. Gross, for the respondent. [MAJORITY — By the Court, Cardozo, J.] By the Court, Cardozo, J. A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he approved, but which the appellant, it seems, did not choose to comply with. Being discretionary, the order is not appealable; and especially when the motion is granted upon terms. The terms never can be reviewed. [First Department, General Term, at New York, January 1, 1872. The appeal should be dismissed, with costs. Cardoso and Geo. G. Barnard, Justices.]