| HSBC Mtge. Servs., Inc. v James |
| 2011 NY Slip Op 07003 [88 AD3d 651] |
| October 4, 2011 |
| Appellate Division, Second Department |
| HSBC Mortgage Services, Inc., Appellant, v Althea James,Respondent, et al., Defendants. |
—[*1]
In an action to foreclose a mortgage, the plaintiff appeals from an order of the SupremeCourt, Richmond County (McMahon, J.), dated May 5, 2009, which, sua sponte, directed theremoval of the name of the defendant Althea James from the subject deed and mortgage.
Ordered that the appeal is dismissed, without costs or disbursements.
The order dated May 5, 2009, is not appealable as of right, as no appeal lies as of right froman order that does not decide a motion made on notice (see CPLR 5701 [a] [2]). Noapplication has been made for permission to appeal, and we decline to grant leave to appealunder the circumstances of this case, as the record is inadequate to determine the appeal on themerits (see Independence Constr. Corp.v AMOCO Constr. Corp., 33 AD3d 963 [2006]; Cuffie v New York City Health &Hosps. Corp., 260 AD2d 423, 424 [1999]). Rivera, J.P., Balkin, Hall and Cohen, JJ., concur.