Food First Housing Development Fund v Federal National Mortgage Association and L & M Affordable Asset Management

Motion No: M-7723

Slip Opinion No: 2019 NYSlipOp 84056(U)

Decided on November 14, 2019

Appellate Division, First 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.

November 14, 2019

Food First Housing Development Fund

Company, Inc.,

Plaintiff,

v

Federal National Mortgage Association

and L & M Affordable Asset Management

LLC,

Defendants.

Defendant Federal National Mortgage Association having moved, pursuant to CPLR 5704(a), for an order vacating the purported ex parte order of a Justice of the Supreme Court, New York County, dated October 4, 2019, which declined to sign an order to show cause, granting the proposed order to show cause, and directing Supreme Court to decide movant's motion, or, in the alternative, granting movant leave to appeal therefrom pursuant to CPLR 5701(a)(3), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of remanding the matter to Supreme Court, New York County for the scheduling of a return date for the hearing and determination of defendant's underlying motion brought by order to show cause, and otherwise denied. Defendant shall serve a copy of this order on the Ex Parte Office of the Supreme Court, New York County. ENTERED: November 14, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton,Justices

M-7723

Index No. 653147/15