Opinion
Motion No 2020-03063 Index No. 29767/2009
04-19-2023
Ditech Financial, LLC, etc., respondent, v. Margaret Howell, etc., appellant, et al., defendant.
Unpublished Opinion
MOTION DECISION
M288508
BETSY BARROS, J.P. VALERIE BRATHWAITE NELSON CHERYL E. CHAMBERS JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 10, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2019, which was determined by decision and order of this Court dated January 19, 2022. Motion by the appellant for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals, and to stay all proceedings in the above-entitled action, pending determination of the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals are denied, with $100 costs; and it is further, ORDERED that the motion is otherwise denied as academic.
BARROS, J.P., BRATHWAITE NELSON, CHAMBERS and ZAYAS, JJ., concur.