| Federal National Mortgage Association v Khalil |
| Motion No: 2019-09163 |
| Slip Opinion No: 2020 NY Slip Op 60057(U) |
| Decided on January 2, 2020 |
| 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
M268574
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2019-09163 Federal National Mortgage Association, plaintiff-respondent, v Naser Khalil, appellant, et al., defendants; Fa Jin Bao, nonparty-respondent. (Index No. 16828/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 9, 2019. Separate motion by the nonparty-respondent for leave to intervene in the appeal. Separate motion by the plaintiff-respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the nonparty-respondent's motion is denied as unnecessary as Fa Jin Bao is a respondent on the appeal; and it is further,
ORDERED that the branch of the plaintiff-respondent's motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the plaintiff-respondent's motion is otherwise denied.
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court