| Elnenaey v Nachimovsky |
| Motion No: 2018-02965 |
| Slip Opinion No: 2019 NY Slip Op 82182(U) |
| Decided on October 18, 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. |
Appellate Division: Second Judicial Department
M266735
E/mb
WILLIAM F. MASTRO, J.P.
COLLEEN D. DUFFY
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2018-02965, 2018-02966, 2018-02967 Ahmed Elnenaey, appellant, v Yoram Nachimovsky, etc., et al., respondents. (Index No. 6698/16)
| DECISION & ORDER ON MOTION |
2019-09656, 2019-09657
Ahmed Elnenaey, appellant,
v Yoram Nachimovsky, etc., et al., respondents.
(Index No. 6698/16)
Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of appeals from three orders of the Supreme Court, Kings County, dated September 18, 2017, January 10, 2018, and February 26, 2018, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), to vacate a writ of assistance of the same court dated July 16, 2019, or, in the alternative, to stay enforcement of the writ of assistance and, in effect, an order of the same court also dated July 16, 2019, pending hearing and determination of appeals therefrom, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the writ of assistance is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated July 16, 2019, on the original papers is granted, and that appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court