Opinion
Index No. 710213/16 Motion Seq. No. 7
07-19-2023
WELLS FARGO BANK, N.A., Plaintiff, v. GUSTAVO OROZCO, et el., Defendants.
Unpublished Opinion
Present: Honorable ALLAN B. WEISS, Justice
Allan B. Weiss, Judge
The papers numbered EF Document Numbers 168-179, found on NYSCEF, were read on the motion by pro se defendant Maria Rangel to dismiss oh various grounds.
Defendant Rangel's motion, in all respect is denied. The defendant has engaged in consecutive and repetitive motions to dismiss. The pro se defendant' has sent emails to Chambers without notice to her adversaries and has, indeed, filed future orders to show cause [see, e.g., EF Doc. Nos. 198-199,' & 202] repeating arguments previously made unsuccessfully.
The present motion to renew is denied in all respects. As a matter of substance, the argument by Rangel that the newly enacted Foreclosure Abuse Prevention Act ("FAPA") is to be given retroactive effect, is without merit. If FAPA were to be given retroactive effect, it would be destructive to and plainly . violate the substantive due process rights of the plaintiff under both the United States and the New York State Constitutions.