| U.S. Bank N.A. v Smith |
| 2014 NY Slip Op 08831 [123 AD3d 914] |
| December 17, 2014 |
| Appellate Division, Second Department |
[*1]
| U.S. Bank National Association, as Trustee for CSABMortgage-Backed Pass-Through Certificates, Series 2006-3, 3476 Stateview Boulevard,Ft. Mill, SC 29715, Appellant, v Donnette Smith, Respondent, et al.,Defendants. |
Hogan Lovells US LLP, New York, N.Y. (David Dunn, Nicole E. Schiavo, ChavaBrandriss, and Sean Marotta of counsel), and Gross Polowy Orlans, LLC, Amherst, N.Y.(Dennis Jose of counsel), for appellant (one brief filed).
Jeanette Zelhof, New York, N.Y. (Aaron Jacobs-Smith and Chantal Hernandez ofcounsel), for respondent.
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, fromso much of an order of the Supreme Court, Kings County (Solomon, J.), dated October 5,2012, as, after settlement conferences pursuant to CPLR 3408, directed the continuationof a toll of the accrual of interest on the subject mortgage loan "pending further order of[the court] or the parties reaching an agreement on the terms of a modification."
Ordered that the appeal is dismissed, without costs or disbursements, as no appeallies as of right from an order which does not determine a motion made on notice (seeCPLR 5701 [a] [2]), and we decline to grant leave to appeal since the appeal isacademic in light of our determination of a companion appeal (see U.S. Bank N.A. vSmith, 123 AD3d 914 [2014] [decided herewith]). Chambers, J.P., Sgroi, Miller and Barros, JJ.,concur.