Federal National Mortgage Association v Michael G. Leonard et

Motion No: 503039

Slip Opinion No: 2007 NYSlipOp 87787(U)

Decided on December 31, 2007

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: December 31, 2007

Case # 503039

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Respondent, v MICHAEL G. LEONARD,Appellant, et al., Defendants.

DECISION AND ORDER ON MOTION

Motion to void judgment of foreclosure and sale.

Cross motion to dismiss appeals.

Motion to strike cross motion.

Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion to dismiss the appeal taken by notice of appeal dated November 28, 2006 for failure of prosecution is granted, without costs, and it is further

ORDERED that the cross motion to dismiss the appeal taken by notice of appeal dated September 14, 2007 as moot on the grounds of res judicata is denied, without costs, and without prejudice to the issues involved being raised upon the argument of the appeal, and it is further

ORDERED that the motion to void the judgment of foreclosure and sale is denied, without costs, and it is further

ORDERED that the motion to strike the cross motion is denied, without costs.
CARPINELLO, J.P., ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court