National Bank of Geneva v Volpe
2004 NY Slip Op 08544 [12 AD3d 1206]
Decided on November 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., HURLBUTT, SCUDDER, MARTOCHE, AND LAWTON, JJ.

1479 CA 04-00594

[*1]NATIONAL BANK OF GENEVA, PLAINTIFF-RESPONDENT, ORDER

v

JAMES J. VOLPE, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.



Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 2, 2003. The order and judgment, among other things, denied the application of defendant James J. Volpe and lifted the stay of the judgment of foreclosure and sale.


EDWARD J. DEGNAN, CANISTEO, FOR DEFENDANT-APPELLANT.
ELLEN J. COYNE, FAIRPORT, FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court