| HSBC Bank USA, N.A. v Taher |
| Motion No: 2011-06455 |
| Slip Opinion No: 2011 NY Slip Op 80064(U) |
| Decided on August 4, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M123774
S/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06455 HSBC Bank, USA, N.A., etc., appellant, v Eileen N. Taher, respondent, et al., defendants.
(Index No. 9320/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated July 1, 2011, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from so much of the order as, inter alia, denied the appellant's motion for an order of reference is denied as unnecessary (see CPLR 5701[a]), and the motion papers are deemed to be a timely notice of appeal from that portion of the order; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is otherwise granted, and leave to appeal to this Court is granted from so much of the order as, sua sponte, dismissed the complaint, cancelled the notice of pendency, and directed a hearing on the issue of sanctions; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court