| Wells Fargo Bank, N.A. v Rivers |
| Motion No: 2019-08809 |
| Slip Opinion No: 2020 NY Slip Op 60486(U) |
| Decided on January 10, 2020 |
| 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
M268754
kbp/
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-08809 Wells Fargo Bank, N.A., respondent, v John W. Rivers, appellant, et al., defendants. (Index No. 602891/16)
| DECISION & ORDER ON MOTION |
2019-09205
Wells Fargo Bank, N.A., respondent,
v John W. Rivers, appellant, et al., defendants.
(Index No. 602891/16)
Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Suffolk County, entered May 30, 2019, pending hearing and determination of an appeal therefrom, and to consolidate the appeal from the order and judgment with an appeal from an order of the same court dated May 21, 2019.
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 is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order is dismissed, on the ground that the right of direct appeal from the order terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
SCHEINKMAN, P.J., MASTRO, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court