| Wells Fargo Bank, National Association v McLean |
| Motion No: 2009-03407 |
| Slip Opinion No: 2010 NY Slip Op 63409(U) |
| Decided on February 17, 2010 |
| 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
M98655
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-03407 Wells Fargo Bank, National Association, etc., plaintiff, v Verone McLean, defendant third-party plaintiff-respondent, Maxine Gordon, defendant third-party defendant-respondent, et al., defendants; et al., third-party defendants; NARI, Inc., d/b/a Firestone Construction Company, proposed intervenor-appellant (and another third-party action). (Index No. 9664/06)
| DECISION & ORDER ON MOTION |
Motion by the proposed intervenor-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 25, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Wells Fargo Bank, National Assn, v McLean, ___ AD3d ___ [2d Dept, Feb. 2, 2010]).
FISHER, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court