Central Mortgage Company v Aboelatif
Motion No: 2022-10611
Slip Opinion No: 2024 NY Slip Op 61367(U)
Decided on January 29, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293830

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2022-10611

Central Mortgage Company, respondent,

v Wael Aboelatif, appellant, et al., defendants.

(Index No. 712793/2020)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 26, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the order and judgment granted resettlement of a judgment of the same court dated August 1, 2019, and made no material change to that judgment.

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 to dismiss the appeal on the ground that the order and judgment granted resettlement of the judgment dated August 1, 2019, and made no material change to that judgment, is granted and the appeal is dismissed, without costs or disbursements (see Singer v Bd. of Educ. of City of New York, 97 AD2d 507); and it is further,

ORDERED that the motion is otherwise denied as academic.

CONNOLLY, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court