| Wells Fargo Bank, N.A. v Rooney |
| Motion No: 2015-10493 |
| Slip Opinion No: 2018 NY Slip Op 85986(U) |
| Decided on October 12, 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
M256321
E/mmRUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2015-10493 Wells Fargo Bank, N.A., respondent, v Timothy M. Rooney, appellant, et al., defendants. (Index No. 10167/09)
| DECISION & ORDER ON MOTION |
2016-04437, 2016-04830
Wells Fargo Bank, N.A., respondent,
v Timothy M. Rooney, appellant,
et al., defendants.
(Index No. 10167/09)
Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Dutchess County, dated September 18, 2015, and April 4, 2016, respectively, and a judgment of the same court also dated April 4, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated March 5, 2018, on the appeals from the order and the judgment dated April 4, 2016, is extended until November 13, 2018, and on or before that date the appellant shall (1) remove pages 65 through 85 and 275 through 284 from the copies of the record filed with the Clerk of the Court, (2) serve and file a supplemental record containing (a) the three orders of the Supreme Court, Dutchess County, all dated April 15, 2013, which were annexed to the affidavit of Timothy M. Rooney dated November 5, 2015, (b) the affirmation of Barry Weiss dated December 7, 2015, with annexed exhibits, (c) the notice of cross motion for judgment of foreclosure and sale dated November 25, 2015, with annexed affirmation and exhibits, and [d] the reply affidavit of Timothy M. Rooney dated January 4, 2016, and (3) delete references to the material on pages 65 through 85 and 275 through 284 of the record from the copies of the appellant's brief filed with the Clerk of this Court.
BALKIN, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court