General
American Home Mortgage Servicing, Inc., Plaintiff, v. Bruce H. Kaplan, Appellant, et al., Defendants
157 A.D.3d 65266 N.Y.S.3d 627·New York Supreme Court, Appellate Division·2018·NY
Dillon, J.P., Leventhal, Hinds-Radix and LaSalle, JJ., concur.
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Opinion
Second Department,
January, 2018
(January 10, 2018)
American Home Mortgage Servicing, Inc., Plaintiff, v Bruce H. Kaplan, Appellant, et al., Defendants.
[66 NYS3d 627]
[MAJORITY]
Appeal from an order of the Supreme Court, Suffolk County (W. Gerard Asher, J.), dated August 27, 2015. The order, sua sponte, vacated an order of that court dated January 6, 2015, and provided that an order of that court dated August 5, 2015, “stands as the Order and Decision of this Court.”
Ordered that the appeal from the order dated August 27, 2015, is dismissed, without costs or disbursements.
The appeal must be dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]), and, under the particular circumstances of this case, we decline to grant leave to appeal.
Dillon, J.P., Leventhal, Hinds-Radix and LaSalle, JJ., concur.