HSBC Bank, USA v Myers
Motion No: 2016-07073
Slip Opinion No: 2017 NY Slip Op 95054(U)
Decided on December 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M241992

E/ct

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2016-07073, 2017-00802

HSBC Bank, USA, respondent,

v Daniel M. Myers, et al., appellants,

et al., defendants.

(Index No. 4731/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2016, on the ground that the order was superseded by an order of the same court entered October 4, 2016, or, in the alternative, to consolidate the appeal from the order entered February 25, 2016, with an appeal from the order entered October 4, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

MASTRO, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court