| Wells Fargo Bank, N.A. v Guthartz |
| Motion No: 2018-03933 |
| Slip Opinion No: 2018 NY Slip Op 73852(U) |
| Decided on May 30, 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
M250758
E/afa
REINALDO E. RIVERA, J.P.
JOSEPH J. MALTESE
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2018-03933 Wells Fargo Bank, N.A., etc., respondent, v Herbert Guthartz, et al., defendants, David Joel Guthartz, appellant. (Index No. 1831/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated July 26, 2017, and for poor person relief. Separate motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the appellant's motion is denied as academic.
RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court