| Maspeth Fed. Sav. & Loan Assn. v Elizer |
| 2021 NY Slip Op 05031 |
| Decided on September 22, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on September 22, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
2020-00315
(Index No. 697/10)
v
Yeshiva Kollel Tifereth Elizer, etc., respondent, et al., defendants.
Mark L. Cortegiano, Middle Village, NY (Derek Piersiak of counsel), for appellant.
Berg & David, PLLC, Brooklyn, NY (Abraham David and Sholom Wohlgelernter of counsel), for respondent.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from a decision of the Supreme Court, Kings County (Miriam P. Sunshine, Ct. Atty. Ref.), dated June 8, 2018. The decision, after a framed-issue hearing, found that the plaintiff improperly accelerated the subject mortgage.
ORDERED that the appeal is dismissed, with costs.
The appeal must be dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp. , 100 AD2d 509).
MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:Maria T. Fasulo
Acting Clerk of the Court