Appellate Division: Second Judicial Department

M297227

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-04911 Ahmed Elnenaey, appellant, v Yoram Nachimovsky, etc., et al., respondents. (Index No. 6698/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 20, 2023. Motion by the appellant, in effect, for summary reversal of the order or, in the alternative, for leave to prosecute the appeal as a poor person and for the assignment of counsel. Separate motion by the appellant to extend the time to perfect the appeal. Separate motion by the appellant to take judicial notice of certain material. Separate motion by the appellant to stay the execution of all warrants, mandates, and orders in the above-entitled action, for a declaration that the writ of assistance is invalid, and to restore the subject premises to his possession. Motion by the respondents to dismiss the appeal on the ground that no appeal lies from a writ of assistance and to impose sanctions against the appellant. Cross-motion by the appellant to impose sanctions against the respondent.

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

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the branch of the motion by the respondent which is to impose sanctions against the appellant and the cross-motion to impose sanctions against the respondent are denied; and it is further,

ORDERED that the motions are otherwise denied as academic.

BARROS, J.P., FORD, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court