Wells Fargo Bank, N.A. v Mora
Motion No: 2014-00871
Slip Opinion No: 2014 NY Slip Op 64450(U)
Decided on February 24, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M169937

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-00871, 2014-00873

Wells Fargo Bank, N.A., etc., respondent,

v Luis Mora, et al., defendants; Village

Acquisitions, Inc., nonparty-appellant.

(Index No. 10-11714)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered December 10, 2013, and January 6, 2013, respectively.

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

ORDERED that on the Court's own motion, the appeal from the order entered January 6, 2013 (Appellate Division Docket No. 2014-00873), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court