Wells Fargo Bank N.A. successor by v Manuel Martinez and Rose Maria Martinez

Motion No: M-3546

Slip Opinion No: 2018 NYSlipOp 86150(U)

Decided on October 16, 2018

Appellate Division, First 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.

October 16, 2018

Wells Fargo Bank, N.A., successor by

merger to Wells Fargo Home Mortgage, Inc.,

Plaintiff-Respondent,

v

Manuel Martinez and Rose Maria Martinez,

Defendants-Appellants,

Alliance Mortgage Banking Corp., et al.,

Defendants.

Appeals having been taken from a judgment of the Supreme Court, Bronx County, entered on or about January 6, 2016 and from an order of the same Court and Justice, entered on or about

May 23, 2018, And defendants-appellants having moved to cancel the scheduled foreclosure sale, to enjoin plaintiffs, the referee and others from selling the subject property pending hearing and determination of the aforesaid appeals and for consolidation of the appeals,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branches of the motion seeking a stay of the foreclosure sale and related relief are denied. The interim relief granted by a Justice of this Court on July 18, 2018, is vacated. That branch of the motion seeking consolidation of the appeals is denied as unnecessary as the appeals may be consolidated as of right (22 NYCRR 1250.9 [f][3]).ENTERED: October 16, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-3546

Index No. 381643/09