| HSBC Bank USA, National Association, as trustee for Nomura Asset Acc |
| Motion No: 2015-09339 |
| Slip Opinion No: 2017 NY Slip Op 75217(U) |
| Decided on May 30, 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
M231874
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2015-09339, 2016-00679, 2017-00949, 2017-04588 HSBC Bank USA, National Association, as trustee for Nomura Asset Acceptance Corporation, etc., respondent, v Rafael M. Cardona, also known as R. M. Cardona, appellant, et al., defendants. (Index No. 15207/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from three orders of the Supreme Court, Queens County, dated May 22, 2015, July 21, 2015, and November 21, 2016, respectively, and a judgment of the same court entered January 20, 2017, to dismiss the appeal from the order dated July 21, 2015, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal from the order dated July 21, 2015.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241), and the issues raised on the appeals from the orders will be brought up for review on the appeal from the judgment pending under Appellate Division No. 2017-04588; and it is further,
ORDERED that the motion and the cross motion are denied as academic.
CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court