| HSBC Bank USA, NA v Ferry |
| Motion No: 2016-04821 |
| Slip Opinion No: 2017 NY Slip Op 68063(U) |
| Decided on March 23, 2017 |
| 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
M228107
E/sl
JOHN M. LEVENTHAL, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-04821 HSBC Bank USA, NA, etc., respondent, v Mark Ferry, et al., defendants; Maypearl Restoration, Inc., intervenor-appellant. (Index No. 12728/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 16, 2016, inter alia, for failure to timely perfect.
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 to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied as academic.
LEVENTHAL, J.P., MALTESE, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court