Appellate Division: Second Judicial Department

M223774

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-03097 HSBC Bank USA, National Association, respondent, v Richard Epstein, et al., defendants; Richard A. Luthmann, nonparty-appellant. (Index No. 135135/14)

DECISION & ORDER ON MOTION

Application by Richard Epstein and Elaine G. Epstein pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an undated order of the Supreme Court, Richmond County. By order to show cause dated October 20, 2016, the parties were directed, inter alia, to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the grounds that (1) the order is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and (2) Richard Epstein and Elaine G. Epstein did not file a notice of appeal and the appellant Richard A. Luthmann is not aggrieved by the order.

Now, upon the order to show cause and no papers having been filed in response thereto, and 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 the motion to dismiss the appeal on the ground that the nonparty-appellant, Richard A. Luthmann, is not aggrieved by the order is granted, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the motion to dismiss the appeal is otherwise denied; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., CHAMBERS, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court