WACHOVIA BANK v. ALBERT MONDUL, JR.

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4395-08T14395-08T1

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.

________________________________________________

 

Submitted April 19, 2010 - Decided

Before Judges Rodr guez, Reisner and Yannotti.

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

Anthony L. Velasquez, attorney for appellants.

Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C., attorneys for respondent (Keith A. Bonchi, of counsel and on the brief; Rosann Allen, on the brief).

PER CURIAM

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.

 

(continued)

(continued)

2

A-4395-08T1

April 26, 2010