| Wells Fargo Bank, N.A. v Spatafore |
| Motion No: 2022-02884 |
| Slip Opinion No: 2023 NY Slip Op 60216(U) |
| Decided on January 6, 2023 |
| 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
M286646
AFA/
MARK C. DILLON, J.P.
BETSY BARROS
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2022-02884 Wells Fargo Bank, N.A., respondent, v Anthony R. Spatafore, et al., appellants, et al., defendant; Joseph Johns, nonparty-intervenor. (Index No. 604864/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2022. Motion by the appellants to stay the foreclosure sale of the subject premises nunc pro tunc and to compel the return of the down payment paid by the successful bidder at the foreclosure sale, pending hearing and determination of the appeal, or, in the alternative, to compel the proceeds of the sale to be held in an interest-bearing account, pending hearing and determination of an appeal entitled Spatafore v U.S. Bank Trust National Association, pending under Appellate Division Docket No. 2021-04874.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., BARROS, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court