Discover Bank v Jeff G. Gaul et

Motion No: 504891

Slip Opinion No: 2008 NYSlipOp 78121(U)

Decided on July 17, 2008

Appellate Division, Third 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.

Decided and Entered: July 17, 2008

Case # 504891

DISCOVER BANK, Respondent, v JEFF G. GAUL et al., Appellants.

DECISION AND ORDER ON MOTION

Motion for stay pending appeal and for further relief.

Cross motion to dismiss appeal for failure of prosecution and for costs, counsel fees and sanctions.

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

ORDERED that the cross motion to dismiss the appeal is granted, without costs, and it is further

ORDERED that the motion for a stay pending appeal and for further relief is denied, without costs, as academic, and it is further

ORDERED that the cross motion for costs, counsel fees and sanctions is denied, without costs.
PETERS, J.P., SPAIN, CARPINELLO, LAHTINEN and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court