| Wells Fargo Bank, N.A. v Guthartz |
| Motion No: 2020-01733 |
| Slip Opinion No: 2020 NY Slip Op 66869(U) |
| Decided on June 5, 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
M271168
kbp/
ALAN D. SCHEINKMAN, P.J.
ROBERT J. MILLER
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2020-01733 Wells Fargo Bank, N.A., respondent, v Herbert Guthartz, et al., defendants, David Joel Guthartz, appellant. (Index No. 1831/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 13, 2020, on the ground that the order is not appealable as of right, and leave to appeal has not been granted. Separate motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises pending hearing and determination of the appeal.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the appellant's motion is denied as academic.
SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court