| Wells Fargo Bank, N.A. v Webster |
| Motion No: 2007-09263 |
| Slip Opinion No: 2008 NYSlipOp 61900(U) |
| Decided on January 24, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M65302
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-09263 Wells Fargo Bank, N.A., etc., respondent, v Scott Webster, et al., appellants. (Index No. 2742/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Putnam County, dated August 27, 2007, in effect, to stay enforcement of a judgment of the same court dated December 4, 2007, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it was superseded by an appeal from the judgment dated December 4, 2007 (Matter of Aho, 39 NY2d 241, 248), pending under Appellate Division Docket No. 2008-00349.
SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court