US Bank N.A. v Calle, 2020 NY Slip Op 02075 [181 AD3d 938]

March 25, 2020

Appellate Division, Second Department

[*1]

US Bank National Association, Respondent,

v

Daniel Calle, Appellant, et al., Defendants.

Lizarraga Law Firm, PLLC, Jackson Heights, NY (William R. Lizarraga of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY (Ross Eisenberg, Stephen J. Vargas, and Richard Kwon of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Daniel Calle appeals from a decision of the Supreme Court, Queens County (Janice A. Taylor, J.), dated June 9, 2017.

Ordered that the appeal is dismissed, with costs.

The paper appealed from is designated “MEMORANDUM” and directs the parties to “[s]ettle order” ( see Funk v Barry , 89 NY2d 364, 367 [1996]). Thus, the paper appealed from constitutes a decision, not an order. The appeal from the decision must be dismissed, as no appeal lies from a decision ( see CPLR 5512 [a]; Schicchi v J.A. Green Constr. Corp ., 100 AD2d 509 [1984]). Dillon, J.P., Duffy, Barros and Connolly, JJ., concur..