WELLS FARGO BANK, NATIONAL ASSOCIATION, FORMERLY KNOWN AS WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE
Motion No: CA 08-02331
Slip Opinion No: 2008 NYSlipOp 91603(U)
Decided on December 2, 2008
Appellate Division, Fourth 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.


December 2, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02331

WELLS FARGO BANK, NATIONAL ASSOCIATION, FORMERLY KNOWN AS

WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR THE

REGISTERED HOLDERS OF SALOMON BROTHERS MORTGAGE SECURITIES

VII, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,

SERIES 2000-C2, PLAINTIFF-RESPONDENT,

V

SYRACUSE PORTFOLIO, LLC, AND EHSANOLLAH BOKHOUR,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Appellants having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on November 12, 2008, for a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 6, 2008, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Raymond A. Catanzano dated October 21, 2008, the affidavit of Ehsanollah Bokhour sworn to October 16, 2008, said show cause order with proof of service thereof, the opposing affirmations of Joseph Aronauer dated November 11, 2008 and November 24, 2008, the opposing affidavit of Adam Diamond sworn to November 24, 2008, the unsworn reply affidavit of Ehsanollah Bokhour, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, and

It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby, is vacated.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk