| Wells Fargo, NA v Polanco |
| Motion No: 2020-02187 |
| Slip Opinion No: 2020 NY Slip Op 66722(U) |
| Decided on June 1, 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
M271082
E/sl
MARK C. DILLON, J.P.
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2020-02187 Wells Fargo NA, etc., respondent, v Marino Polanco, etc., et al., defendants, Sebastian Polanco, etc., appellant. (Index No. 29135/09)
| DECISION & ORDER ON MOTION |
2020-03067
Wells Fargo NA, etc., respondent,
v Marino Polanco, etc., et al., defendants,
Sebastian Polanco, etc., appellant.
(Index No. 29135/09)
Motion by the appellant, in effect, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, dated August 28, 2019, and an order and judgment (one paper) of the same court dated December 11, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated August 28, 2019, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment dated December 11, 2019 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied, without prejudice to renew upon the rescheduling of the foreclosure sale.
DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court