Federal National Mortgage Association v Nutting
Motion No: 2019-04849
Slip Opinion No: 2019 NY Slip Op 72218(U)
Decided on June 7, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263333

E/mm

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2019-04849

Federal National Mortgage Association, etc.,

plaintiff, v Keith Nutting, etc., et al., defendants.

(Index No. 25826/11)

DECISION & ORDER ON MOTION

Motion by Keith Nutting, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated May 6, 2019, and to stay the foreclosure sale of the subject premises, 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 as the order dated May 6, 2019, is appealable as of right (see CPLR 5701), without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court