| Wells Fargo Bank, N.A. v Atedgi |
| Motion No: 2017-07513 |
| Slip Opinion No: 2019 NY Slip Op 75745(U) |
| Decided on July 19, 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. |
Appellate Division: Second Judicial Department
M264669
E/mm
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2017-07513, 2019-07737 Wells Fargo Bank, N.A., respondent, v Moshe Atedgi, appellant, et al., defendants. (Index No. 14776/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, entered November 26, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from the order and judgment and an appeal from an order of the same court dated May 30, 2017, to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment and the foreclosure sale of the subject premises is denied; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment are granted, and on or before August 22, 2019, the parties shall correct the covers of the record and their respective briefs to add Appellate Division Docket No. 2019-07737 and the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court