
    Schmidt, Executor &c. vs. Levy and others.
    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.
   By the Court, Cardozo, J.

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 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. G. Barnard, Justices.]  