Nelson v HSBC Bank USA
Motion No: 2006-01835
Slip Opinion No: 2007 NYSlipOp 74387(U)
Decided on July 26, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M57703

E/mv

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-01835

Lina Nelson, et al., respondents,

v HSBC Bank USA, et al., appellants.

(Index No. 38163/03)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 5, 2007, which determined an appeal from an order of the Supreme Court, Kings County, dated December 22, 2005, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court