Wells Fargo Bank, n.a.a./tfor Option One Bank Mn, Nat Assoc. a/t w/o Rec v Amended Decision Gordon Edward Dukes a/k/a Gordon E. Dukes

Wells Fargo Bank, n.a.a./tfor Option One Bank Mn, Nat Assoc. a/t w/o Rec v Amended Decision Gordon Edward Dukes a/k/a Gordon E. Dukes

Motion No: 2009-01646 SC

Slip Opinion No: 2009 NY Slip Op 86382(U)

Decided on October 13, 2009

Appellate Term, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

WOODBRIDGE LOAN TRUST 2003-1 AST-BACKEDCERTSERIES 2003-1A/B/A OF BID FROM WLS FARNO. 2009-1646 S C

WELLS FARGO BANK, N.A.A./TFOR OPTION ONE

BANK MN, NAT ASSOC. A/T W/O REC,

Respondent,

-against-AMENDED DECISION

GORDON EDWARD DUKES a/k/a GORDON E. DUKES,

Respondent,
-and-

DONNA DUKES,

Appellant.

DECISION

Motion by tenant-appellant to stay all proceedings pending hearing and determination of the appeal is denied without prejudice to appellant moving for relief pursuant to CPLR 5519 (a) (6) in the DISTRICT COURT.

Tenant has shown arguable merit that by her filing for bankruptcy, the subsequent foreclosure sale was stayed (see Yen-Ching Chen v Dickerson, 17 Misc 3d 61[App Term, 9th & 10th Jud Dists 2007]).