HSBC Bank USA, National Association v Stone
Motion No: 2013-11230
Slip Opinion No: 2014 NY Slip Op 69883(U)
Decided on April 21, 2014
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

M172887

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2013-11230

HSBC Bank USA, National Association,

appellant, v Andrew Stone, et al., responde

(Index No. 100979/08)

DECISION & ORDER ON MOTION

nts.

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated July 29, 2013.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589) and we decline to grant leave to appeal; and it is further,

ORDERED that the application is denied as academic.

SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court