| Hsbc Bank of Nev., N.A. v Emmanuel Osita Okocha a/k/a Osita E. Okocha |
| Motion No: 2008-01486 QC |
| Slip Opinion No: 2009 NYSlipOp 64483(U) |
| Decided on February 23, 2009 |
| Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| HSBC BANK OF NEVADA, N.A., Respondent, -against- EMMANUEL OSITA OKOCHA a/k/a OSITA E. OKOCHA, Appellant. |
DECISION That branch of the motion by respondent seeking to dismiss the appeal as untimely taken granted.
That branch of the motion seeking an enlargement of time to submit a respondent's brief is denied as academic.
In view of respondent's unrefuted showing that the notice of appeal from the May 8, 2008 order was not served within 35 days of appellant's service by mail of a copy of the order with notice of entry, the appeal was untimely and must be dismissed (see CPLR 2103 [b] [2]; 5513 [a]; DeLuca v Federated Dept. Stores, 259 AD2d 421, 422 [1999]; Citibank [S.D.], N.A. v Metidji, 16 Misc 3d 132[A], 2007 NY Slip Op 51486[U] [App Term, 2d & 11th Jud Dists 2007]).