Appellate Division: Second Judicial Department

M289626

AFA/

BETSY BARROS, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

PAUL WOOTEN, JJ.

2021-07941 In the Matter of Roger Rowe, petitioner, v Thomas F. Whelan, etc., et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Thomas F. Whelan, a Justice of the Supreme Court, Suffolk County, to comply with a decision and order of this Court dated May 19, 2021 (U.S. Bank N.A. v Rowe, 194 AD3d 978), which determined appeals from a judgment of foreclosure and sale of the Supreme Court, Suffolk County, entered July 11, 2019, in an underlying action entitled U.S. Bank N.A. v Rowe, commenced in that court under Index No. 611113/16, and in the nature of prohibition to prohibit that respondent from dismissing the underlying action. The proceeding was determined by decision, order, and judgment of this Court dated March 23, 2022. Motion by the petitioner for leave to reargue the proceeding, or, in the alternative, for leave to appeal to the Court of Appeals from the decision, order, and judgment of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

BARROS, J.P., RIVERA, CHAMBERS and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court