Maspeth Fed. Sav. & Loan Assn. v Elizer, 2021 NY Slip Op 05031 [197 AD3d 1255]

September 22, 2021

Appellate Division, Second Department

[*1]

Maspeth Federal Savings and Loan Association, Appellant,

v

Yeshiva Kollel Tifereth Elizer, 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.

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 [1984]). Mastro, J.P., Austin, Hinds-Radix and Connolly, JJ., concur..