National City v Wercberger
Motion No: 2023-08635
Slip Opinion No: 2023 NY Slip Op 78411(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292954

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-08635

National City Mortgage Co., respondent,

v Joel Wercberger, et al., defendants;

Berish Welz, intervenor-appellant.

(Index No. 15409/2007)

DECISION & ORDER ON MOTION

2023-09916

National City Mortgage Co., respondent,

v Joel Wercberger, et al., defendants;

David Kaplan, nonparty-appellant.

(Index No. 15409/2007)

Appeals from two orders of the Supreme Court, Kings County, dated September 7, 2023 and October 19, 2023, respectively. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court