| Wells Fargo Bank, N.A. v Lerner |
| Motion No: 2018-02940 |
| Slip Opinion No: 2020 NY Slip Op 64823(U) |
| Decided on March 16, 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
M270398
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2018-02940 Wells Fargo Bank, N.A., respondent, v Henoch Lerner, appellant, et al., defendants. (Index No. 35196/13)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Rockland County, dated February 7, 2018. After the appeal was perfected, all briefs were filed, and the appeal was calendared, the parties submitted a stipulation withdrawing the appeal on October 4, 2019, and advised the Court that the mortgage that was the subject of the judgment had been modified by agreement executed by the appellant on July 30, 2019. By order to show cause dated November 19, 2019, the parties and their counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court deemed appropriate.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied.
Under the circumstances, sanctions are not warranted.
MASTRO, J.P., LEVENTHAL, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court