BANK TRUST v. Simon Lopez, Nonparty-Appellant. (2025)

Order, Supreme Court, Bronx County (Naita A. Semaj, J.), entered on or about January 28, 2025, which denied nonparty movant Simon Lopez's motion pursuant to CPLR 5701(a)(3) for permission to appeal, unanimously affirmed, without costs.

Supreme Court properly denied movant's request to appeal to this Court.  The orders movant now seeks to consolidate, a May 5, 2017 order, which denied his motion seeking priority in the distribution of surplus monies arising out of the sale of the property, and the January 5, 2022 order, denying reargument, are moot.  The property was sold in a short sale, and a satisfaction of the mortgage was filed on July 8, 2016.  Thus, no surplus monies are available.  In any event, as the former order was appealable as of right under CPLR 5701, the court properly denied movant's motion as the time to have filed his notices of appeal has long expired (see CPLR 5513).  Additionally, the denial of a motion for reargument is not appealable (see Christian v. Health & Hosps.  Corp., 197 A.D.2d 481, 481 [1st Dept 1993]).  Finally, and contrary to movant's contention, he does not have any pending appeals in this Court.

We have considered movant's remaining arguments and find them unavailing.