| Wells Fargo Bank, NA v Edwards |
| Motion No: 2017-04291 |
| Slip Opinion No: 2018 NY Slip Op 67107(U) |
| Decided on March 16, 2018 |
| 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
M247582
E/rr
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2017-04291 Wells Fargo Bank, NA, respondent, v Aubrey Edwards, etc., et al., defendants, Sharon Edwards, appellant. (Index No. 8650/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated February 22, 2017, and to enlarge the time to perfect the appeal.
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 is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order dated February 22, 2017, terminated upon entry of a judgment of the Supreme Court, Orange County, dated May 22, 2017 (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the motion is denied as academic.
SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court