Opinion

US Bank National Ass'n v. Brown

  • 139 A.D.3d 430
  • 29 N.Y.S.3d 171
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 3, 2016
Status
Published
On the bench
Tom, Sweeny, Manzanetdaniels, Gische, Gesmer
Cited by
0 cases
Authority
More cited than 43.4%

The opinion

Appeal from the decision, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 30, 2014, which granted plaintiff’s motion for an order appointing a referee to ascertain the amount due to it, unanimously dismissed, without costs, as taken from a nonappealable paper.

The motion court’s decision directed the parties to submit an order on notice. The record does not contain the settled order that the motion court directed to implement its decision. No appeal lies from a decision

(see

CPLR 5512 [a];

Gunn v Palmieri,

86 NY2d 830 [1995]), or from an appealed paper directing the settlement of an order

(see Murray Hill Manor Co. v Destination Paradise,

266 AD2d 132 [1999]).

Since the issues raised herein are not properly before us, the appeal must be dismissed (see

Rodriquez v Chapman-Perry,

63 AD3d 645, 646 [2009]).

Concur — Tom, J.P., Sweeny, ManzanetDaniels, Gische and Gesmer, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.