| Wells Fargo Bank, N.A. v Khan |
| Motion No: 2018-12107 |
| Slip Opinion No: 2021 NY Slip Op 66285(U) |
| Decided on May 19, 2021 |
| 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
M277183
E/sl
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
PAUL WOOTEN, JJ.
|
2018-12107 Wells Fargo Bank, N.A., appellant, v Simon Khan, et al., respondents, et al., defendants. (Index No. 714459/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered August 27, 2018, which was determined by decision and order of this Court dated November 12, 2020. Motion by the respondents, inter alia, to recall and vacate the decision and order of this Court dated November 12, 2020, and to extend their time to serve and file a brief, for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals.
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 reargue the appeal is dismissed on the ground that the respondents do not have standing to seek this relief as they did not serve and file a brief; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., HINDS-RADIX, LASALLE and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court