Majority
p. 496Schmidt, Executor &c. vs. Levy and others.
Headnote
An order to stay proceedings, being discretionary, is not appealable ; especially when the motion is granted upon terms.The terms never can be reviewed.
APPEAL by the defendant from an order made at a special term, granting a stay of proceedings, upon terms, on a judgment of foreclosure and sale.
Elias G. Levy, for the appellant.
Jacob A. Gross, for the respondent.
A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he
p. 497
approved, but which the appellant, it seems, did not choose to comply with. Being discretionary, the order is not appealable; and especially when the motion is granted upon terms. The terms never can be reviewed.
[First Department, General Term, at New York,
January 1, 1872.
The appeal should be dismissed, with costs.
Cardoso and Geo.