Appellate Division: Second Judicial Department

M240774

E/ct

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-08802 Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, appellant, v Francis M. Sajdak also known as Francis Sajdak, respondent, et al., defendant. (Index No. 135482/16)

DECISION & ORDER ON MOTION

Motion by Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated August 21, 2017, and to stay all proceedings in the above-entitled action, including a certain hearing, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary with respect to the portion of the order which granted the branch of the respondent's cross motion which was to compel acceptance of a late answer and, in effect, denied that branch of the appellant's motion, which was for leave to enter a default judgment against the respondent, as that portion of the order is appealable as of right (see CPLR 5701), and that branch of the motion is otherwise denied; and it is further,

ORDERED that the appeal purportedly taken as of right from the portion of the order which directed a hearing on that branch of the respondent's cross motion which was to dismiss the action on the ground of the statute of limitations is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including a certain hearing, is denied.

LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court