Opinion
DOCKET NO. CA 14-00413 DOCKET NO. CA 14-00423 DOCKET NO. CA 14-00424 Index No. 2012-3362
04-16-2014
WELLS FARGO BANK, N.A., PLAINTIFF, v. CRESCENTE COBAS, KARELIA MATEU, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Plaintiff, Hogan Lovells US LLP, Allison J. Schoenthal, Jonathan E. Samon, and Mark S. Wierman having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on February 27, 2014, to vacate the order of the Supreme Court, Onondaga County, dated February 27, 2014, and having separately moved for permission to appeal that order and the orders of Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 14, 2014, or, in the alternative, for vacatur of those orders,
Now, upon reading and filing the affidavits of Jonathan B. Fellows, Esq., sworn to February 27, 2014, and March 6, 2014, the affidavit of Jonathan E. Samon, Esq., sworn to February 24, 2014, the notice of motion and said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted to the extent that, pursuant to CPLR 5704 (a), the order of Supreme Court issued on November 22, 2013, and entered on February 14, 2014, is vacated insofar as that order directed plaintiff to produce Mr. William Collins, the Director of Short Sales for the FHA, at a conference, and
It is further ORDERED that the motions are granted to the extent that, pursuant to CPLR 5704 (a), the order of Supreme Court dated January 30, 2014, and entered on February 14, 2014, is vacated, and Supreme Court is directed to return to plaintiff and Hogan Lovells US LLP all documents produced pursuant to or referenced in that order, and
It is further ORDERED that the motions are granted to the extent that, pursuant to CPLR 5704 (a), the order of Supreme Court dated February 27, 2014, is vacated, as is Supreme Court's finding of contempt memorialized in that order.
Frances E. Cafarell, Clerk