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Wachovia Bank v. Mondul

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


April 26, 2010

WACHOVIA BANK, AS CUSTODIAN FOR PHOENIX FUNDING, INC., PLAINTIFF-RESPONDENT,
v.
ALBERT MONDUL, JR., MRS. ALBERT MONDUL, JR., WIFE OF ALBERT MONDUL, JR.; FRED BENNETT, JR., HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HIS, HERS THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; HOSPITAL AND DOCTORS SERVICE BUREAU; DIV-TIV, LLC; OVERLOOK HOSPITAL AND THE STATE OF NEW JERSEY, DEFENDANTS.
CHERRYSTONE BAY, LLC AND MICHAEL BONNER, INTERVENORS-APPELLANTS.

On appeal from the Superior Court of New Jersey, Chancery Division, Essex County, Docket No. F-8467-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 19, 2010

Before Judges Rodríguez, Reisner and Yannotti.

This matter having been listed for April 19, 2010, and the court having been advised that appellant Michael Bonner, the sole owner of appellant Cherrystone Bay, LLC, has filed a bankruptcy petition with the United States Bankruptcy Court, Docket No. 10-11881, and because the filing operates as an automatic stay of actions and proceedings against the debtor, 11 U.S.C.A. § 362, it is hereby ordered that the appeal is dismissed without prejudice and without costs. If the automatic stay is lifted, or at the conclusion of the bankruptcy proceeding, any party may move before this court to restore the appeal, without costs, if the matter in controversy has not been disposed of by the bankruptcy court. Appeal dismissed.

20100426

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