HSBC BANK USA, NATIONAL ASSOCIATION V PRIME, L.L.C., PHILIP J. SIMAO, - .
Motion No: CA 14-00748
Slip Opinion No: 2014 NY Slip Op 72346(U)
Decided on May 9, 2014
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.


May 9, 2014

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-00748

HSBC BANK USA, NATIONAL ASSOCIATION, PLAINTIFF-RESPONDENT,

V

PRIME, L.L.C., PHILIP J. SIMAO, DEFENDANTS-APPELLANTS, ET

AL., DEFENDANTS.


Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on December 18, 2013, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Chad W. Flansburg, Esq., dated April 23, 2014, the notice of motion with proof of service thereof, and the affirmation of Jan S. Kublick, Esq., dated April 30, 2014, 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 July 8, 2014.

Entered: May 9, 2014

Frances E. Cafarell, Clerk