DAVID F. STEVER V HSBC BANK USA, N.A., HSBC PAYMENT SERVICES (USA), INC., HSBC NORTH AMERICA HOLDINGS, INC., HSBC USA
Motion No: CA 10-01589
Slip Opinion No: 2010 NY Slip Op 83072(U)
Decided on September 17, 2010
Appellate Division, Fourth 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.


September 17, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01589

DAVID F. STEVER, PLAINTIFF-RESPONDENT,

V

HSBC BANK USA, N.A., HSBC PAYMENT SERVICES (USA), INC.,

HSBC NORTH AMERICA HOLDINGS, INC.,

HSBC USA, INC., DEFENDANTS-APPELLANTS,

AND ASSET REALTY, LLC, DEFENDANT.


Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 14, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Mark A. Ventrone, Esq. sworn to July 26, 2010, the notice of motion with proof of service thereof, the affidavit of Michelle M. Davoli, Esq. sworn to August 12, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 1, 2010.

Entered: September 17, 2010

Patricia L. Morgan, Clerk