Wells Fargo Bank, NA v Fruhling
Motion No: 2018-03619
Slip Opinion No: 2019 NY Slip Op 75228(U)
Decided on July 16, 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

M264424

E/mm

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-03619

Wells Fargo Bank, NA, respondent,

v Aaron Fruhling, et al., appellants,

et al., defendant.

(Index No. 69530/14)

DECISION & ORDER ON MOTION

2019-05377, 2019-06178

Wells Fargo Bank, NA, respondent,

v Aaron Fruhling, et al., appellants,

et al., defendant.

(Index No. 69530/14)

Motion by the appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Westchester County, dated February 27, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to deem the appeal withdrawn, to stay the sale of the subject premises, pending hearing and determination of appeals from an order of the same court dated April 2, 2019, and a judgment of the same court dated April 4, 2019.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.3, 1243.6[c]).

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court