| Wells Fargo Bank, N.A. v Zuniga |
| Motion No: 2019-00479 |
| Slip Opinion No: 2019 NY Slip Op 75949(U) |
| Decided on July 23, 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
M264695
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2019-00479 Wells Fargo Bank, N.A., respondent, v Waldo A. Zuniga, appellant, et al., defendants. (Index No. 20646/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of a certain judgment of foreclosure, pending hearing and determination of an appeal from the denial of an application to sign an order to show cause of the Supreme Court, Queens County, which occurred on November 13, 2018. Separate motion by the respondent to dismiss the appeal.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further,
ORDERED that the appellant's motion is denied as academic.
BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court