PHH MORTGAGE CORPORATION V CHIEF FISCAL OFFICE OF CHAUTAUQUA COUNTY, AS LIMITED ADMINISTRATOR TO THE ESTATE OF MARY
Motion No: CA 24-01689
Slip Opinion No: 2025 NY Slip Op 69234(U)
Decided on April 28, 2025
Appellate Division, Fourth 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.


April 28, 2025

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01689

PHH MORTGAGE CORPORATION, PLAINTIFF-RESPONDENT,

V

CHIEF FISCAL OFFICE OF CHAUTAUQUA COUNTY,

AS LIMITED ADMINISTRATOR TO THE ESTATE OF

MARY ANNE DIETRICK, ET AL., DEFENDANTS,

JOHN DIETRICK, III, ALSO KNOWN AS JOHN DIETRICK,

DEFENDANT-APPELLANT.


Appellant having moved for a stay of the appeal taken herein from an order of the Supreme Court, Chautauqua County, entered October 4, 2024, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion to vacate the dismissal of the appeal for failure to having timely perfected the appeal (see 22 NYCRR 1250.10 [a],[c]).

Entered: April 28, 2025

Ann Dillon Flynn

Clerk of the Court