US BANK N.A. v. BROWN, 139 A.D.3d 430 (2016)
Court: Supreme Court of New York
Number: innyco20160503476
Visitors: 12
Filed: May 03, 2016
Latest Update: May 03, 2016
Summary: 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 N.Y.2d 830 [1995]), or from an appealed paper directing the settlement of an order ( see Murray Hill Manor Co. v Destination Paradise, 266 A.D.2d 132 [1999]). Since the issues raised herein are not properly before us, the appeal must be
Summary: 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 N.Y.2d 830 [1995]), or from an appealed paper directing the settlement of an order ( see Murray Hill Manor Co. v Destination Paradise, 266 A.D.2d 132 [1999]). Since the issues raised herein are not properly before us, the appeal must be ..
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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 N.Y.2d 830 [1995]), or from an appealed paper directing the settlement of an order (see Murray Hill Manor Co. v Destination Paradise, 266 A.D.2d 132 [1999]).
Since the issues raised herein are not properly before us, the appeal must be dismissed (see Rodriquez v Chapman-Perry, 63 A.D.3d 645, 646 [2009]).
Source: Leagle
