| Wells Fargo Bank, N.A. v Tester |
| Motion No: 2022-06358 |
| Slip Opinion No: 2025 NY Slip Op 72772(U) |
| Decided on July 16, 2025 |
| 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
M306316
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
JANICE A. TAYLOR, JJ.
|
2022-06358, 2023-02962
Wells Fargo Bank, N.A., etc., respondent, v Robert J. Tester, etc., et al., appellants, et al., defendants. (Index No. 2969/2008)
| DECISION & ORDER ON MOTION |
2024-00805
Wells Fargo Bank, N.A., etc., et al.,
respondents, v Robert J. Tester, etc.,
et al., appellants.
(Index No. 2969/2008)
2024-04953
Wells Fargo Bank, N.A., etc., et al.,
respondents, v Robert J. Tester, etc.,
et al., appellants, et al., defendant.
(Index No. 2969/2008)
2025-00357
Wells Fargo Bank, N.A., etc., respondent,
v Robert J. Tester, etc., et al., appellants,
et al., defendants.
(Index No. 2969/2008)
Appeals from four orders of the Supreme Court, Kings County, dated June 27, 2022, January 30, 2023, November 17, 2023, and November 20, 2024, respectively, and an order and judgment (one paper) of the same court dated November 17, 2023. The appeals from the orders dated November 17, 2023, and November 20, 2024, and the order and judgment (one paper) dated November 17, 2023 were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeals from the orders dated June 27, 2022, and January 30, 2023, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241). Cross-motion by the appellants to stay enforcement of the orders and the order and judgment, pending hearing and determination of the appeals, and to consolidate the appeals from the orders dated June 27, 2022, and January 30, 2023, with the appeals from the orders dated November 17, 2023, and November 20, 2024, and the order and judgment.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent is granted, and the appeals from the orders dated June 27, 2022, and January 30, 2023, are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion by the appellants is denied as academic.
CHAMBERS, J.P., CHRISTOPHER, WAN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court