Island Holding, LLC v. O'Brien

Appellate Division of the Supreme Court of New York

Island Holding, LLC v. O'Brien

305 A.D.2d 463, 759 N.Y.S.2d 336, 2003 N.Y. App. Div. LEXIS 5364

Procedural entryThis page is a short order in Island Holding, LLC v. O'Brien. Read the opinion of the Court — 6 A.D.3d 498 →

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 2003·Published

Opinion

—In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated May 2, 2002, which denied its motion for leave to renew a decision of the same court, dated August 10, 2001, and (2) an order of the same court, dated May 6, 2002, which, in effect, denied that branch of its motion which was to distribute certain surplus money, and vacated a lien on the subject property.

Ordered that the appeal from the order dated May 2, 2002, is dismissed; and it is further,

Ordered that the order dated May 6, 2002, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

No appeal lies from an order denying leave to renew a decision (see Matter of William S., 253 AD2d 557 [1998]; Travelers Prop. Cas. v Powell, 289 AD2d 564, 565 [2001]; De Falco v JRS Confectionary, 118 AD2d 752 [1986]).

The plaintiffs contentions are without merit. Ritter, J.P., Altman, Krausman and Crane, JJ., concur.

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—In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated May 2, 2002, which denied its motion for leave to renew a decision of the same court, dated August 10, 2001, and (2) an order of the same court, dated May 6, 2002, which, in effect, denied that branch of its motion which was to distribute certain surplus money, and vacated a lien on the subject property.

Ordered that the appeal from the order dated May 2, 2002, is dismissed; and it is further,

Ordered that the order dated May 6, 2002, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

No appeal lies from an order denying leave to renew a decision (see Matter of William S., 253 AD2d 557 [1998]; Travelers Prop. Cas. v Powell, 289 AD2d 564, 565 [2001]; De Falco v JRS Confectionary, 118 AD2d 752 [1986]).

The plaintiffs contentions are without merit. Ritter, J.P., Altman, Krausman and Crane, JJ., concur.

Island Holding, LLC v. O'Brien, 305 A.D.2d 463, 759 N.Y.S.2d 336, 2003 N.Y. App. Div. LEXIS 5364 (N.Y. Ct. App. 2003).

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Opinion

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