| J L Collier Corp. v Wells Fargo Bank, National Associatio |
| Motion No: 2014-09628 |
| Slip Opinion No: 2014 NY Slip Op 89895(U) |
| Decided on November 14, 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. |
Appellate Division: Second Judicial Department
M182738
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-09628, 2014-09629, 2014-09630, 2014-09631 J L Collier Corp., et al., respondents, v Wells Fargo Bank, National Association, etc., appellant, et al., defendants. (Index No. 19144/12)
| DECISION & ORDER ON MOTION |
Motion by Wells Fargo Bank, National Association, for leave to appeal to this Court from two orders of the Supreme Court, Queens County, entered April 11, 2014, and October 17, 2014, respectively, and to stay enforcement of those orders, as well as two orders of the same court both entered August 7, 2014, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order entered April 11, 2014, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order entered October 17, 2014, is granted; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order entered August 7, 2014, which directed an accounting is deemed an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order entered August 7, 2014, which directed an accounting and the order entered October 17, 2014, is granted, and enforcement of those orders is stayed pending hearing and determination of the appeals on condition that those appeals as well as the appeal from the order entered August 7, 2014, which denied the appellant's motion to dismiss the action are perfected on or before December 15, 2014; and it is further,
ORDERED that in the event those appeals are not perfected on or before December 15, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court