| Federal National Mortgage Association v Khalil |
| Motion No: 2019-09163 |
| Slip Opinion No: 2022 NY Slip Op 70044(U) |
| Decided on August 17, 2022 |
| 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
M284527
AFA/
ANGELA G. IANNACCI, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2019-09163 Federal National Mortgage Association, plaintiff-respondent, v Naser Khalil, appellant, et al., defendants; Fa Jin Bao, nonparty-respondent. (Index No. 16828/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 9, 2019. Motion by the plaintiff-respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated January 2, 2020, 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 was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the plaintiff-respondent's motion was otherwise denied. The appellant has not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 denied as academic.
IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court