Opinion
2018–14162 Index No. 1199/12
03-10-2021
WELLS FARGO BANK, N.A., etc., appellant, v. Tasha SANTOS, etc., et al., respondents, et al., defendants.
Davidson Fink LLP, Rochester, N.Y. (Richard N. Franco of counsel), for appellant. Pacheco & Lugo, PLLC., Brooklyn, N.Y. (Carmen A. Pacheco and Betty Lugo of counsel), for respondents.
Davidson Fink LLP, Rochester, N.Y. (Richard N. Franco of counsel), for appellant.
Pacheco & Lugo, PLLC., Brooklyn, N.Y. (Carmen A. Pacheco and Betty Lugo of counsel), for respondents.
LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, 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 (Mark I. Partnow, J.), dated September 20, 2018. The order, insofar as appealed from, directed a hearing to determine whether the defendants Tasha Santos, Felix R. Santos, Jr., and Thomas Santos were validly served with process.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from so much of the order as directed a hearing to determine the validity of service of process on the defendants Tasha Santos, Felix R. Santos, Jr., and Thomas Santos must be dismissed. The challenged portion of the order merely directs a judicial hearing to aid in the disposition of a motion and does not affect a substantial right. Therefore, it is not appealable as of right (see CPLR 5701[a][2][v] ; Bank of N.Y. v. Segui, 120 A.D.3d 1369, 1370, 993 N.Y.S.2d 330 ; Youngquist v. Youngquist, 44 A.D.3d 1034, 1035, 845 N.Y.S.2d 787 ; Leonard v. Bishop, 220 A.D.2d 723, 633 N.Y.S.2d 79 ), and leave to appeal has not been granted.
The plaintiff's contention regarding its motion, inter alia, for leave to enter a default judgment against the defendants Tasha Santos, Felix R. Santos, Jr., and Thomas Santos and for an order of reference is not properly before us, as the motion remains pending and undecided (see Katz v. Katz, 68 A.D.2d 536, 418 N.Y.S.2d 99 ).
AUSTIN, J.P., HINDS–RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.