US Bank N.A. v Mgbeahuru

US Bank N.A. v Mgbeahuru 2012 NY Slip Op 07985 Decided on November 21, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2011-08873
(Index No. 12830/09)

[*1]US Bank National Association, etc., respondent,

v

Fidelis Mgbeahuru, appellant, et al., defendant. Fidelis Mgbeahuru, Uniondale, N.Y., appellant pro se.




Hogan Lovells US LLP, New York, N.Y. (Chava Brandriss,
David Dunn, and Brian S. McGrath of counsel), for respondent.


DECISION & ORDER

In an action to foreclose a mortgage, the defendant Fidelis Mgbeahuru appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered August 2, 2011, which denied his motion for leave to reargue his prior motion, inter alia, pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction, which had been determined in a prior order of the same court entered May 13, 2011.

ORDERED that the appeal is dismissed, with costs.

The appeal from the order must be dismissed, because no appeal lies from an order denying leave to reargue (see Das v Sun Wah Rest., 99 AD3d 752; Blackwell v Mikevin Mgt. III, LLC, 88 AD3d 836).
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court