Wells Fargo Bank, N.A. v Brooks
Motion No: 2019-04461
Slip Opinion No: 2019 NY Slip Op 71906(U)
Decided on June 5, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263266

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-04461

Wells Fargo Bank, N.A., plaintiff-respondent,

v Dolly Brooks, etc., appellant, et al., defendants, Wo

Oviatt Gilman, LLP, et al., nonparty-respondents.

(Index No. 610628/17)

DECISION & ORDER ON MOTION


ods

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered January 28, 2019, inter alia, in effect, to vacate the foreclosure sale of the subject premises. Application by the plaintiff-respondent to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.

RIVERA, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court