HILARY LESNIAK, V WELLS FARGO BANK MINNESOTA, NA, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NA, AS TRUSTEE
Motion No: CA 16-02000
Slip Opinion No: 2017 NY Slip Op 71984(U)
Decided on April 24, 2017
Appellate Division, Fourth 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.


April 24, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-02000
HOME EQUITY LOAN ASSET-BACKED CERTIFICATE SERIES 1999-2, ET

HILARY LESNIAK, PLAINTIFF-RESPONDENT-APPELLANT,

V

WELLS FARGO BANK MINNESOTA, NA, SUCCESSOR BY MERGER TO

WELLS FARGO BANK MINNESOTA, NA, AS TRUSTEE FORMERLY KNOWN

AS NORWEST BANK MINNESOTA, NA, AS TRUSTEE FOR DELTA FUNDING

AL., DEFENDANTS,

PETER T. ROACH & ASSOCIATES, P.C.,

DEFENDANT-APPELLANT-RESPONDENT.


Plaintiff having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on November 17, 2015,

Now, upon reading and filing the affirmation of Laurie A. Lesniak, Esq., dated March 5, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered January 9, 2017, is hereby amended by deleting the date February 27, 2017, and inserting in its place the date May 25, 2017.

Entered: April 24, 2017

Frances E. Cafarell, Clerk