Opinion
2019–06336 Index No. 503334/13
09-02-2020
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., appellant, v. Kenneth BROWN, respondent, et al., defendants.
Houser LLP, New York, N.Y. (Jordan W. Schur of counsel), for appellant. Peter Gottlieb, Brooklyn, NY, for respondent.
Houser LLP, New York, N.Y. (Jordan W. Schur of counsel), for appellant.
Peter Gottlieb, Brooklyn, NY, for respondent.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Carolyn E. Demarest, J.), dated October 29, 2015. The order, insofar as appealed from, upon discontinuing the action, sua sponte, did so with prejudice to further litigation against the defendant Kenneth Brown.
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order that does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701[a][2] ; Sholes v. Meagher, 100 N.Y.2d 333, 335, 763 N.Y.S.2d 522, 794 N.E.2d 664 ; Nanakumo v. Gregory, 29 A.D.3d 754, 813 N.Y.S.2d 915 ).
MASTRO, J.P., COHEN, DUFFY and BRATHWAITE NELSON, JJ., concur.