Wells Fargo Bank, N.A. v Simmons
Motion No: 2014-02451
Slip Opinion No: 2014 NY Slip Op 86483(U)
Decided on October 15, 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

M181243

E/ct

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2014-02451

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

v Shirley Simmons, et al., defendants,

Candace Simmons, appellant.

(Index No. 10035/13)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated July 3, 2014, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 15, 2014, and to reinstate the appeal. Separate motion by the appellant to stay her eviction from the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the motions are denied.

MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court