HSBC Bank USA, NA v Holzer
Motion No: 2018-07501
Slip Opinion No: 2018 NY Slip Op 86966(U)
Decided on October 24, 2018
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

M255135

E/mm

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-07501

HSBC Bank USA, NA, respondent,

v Joshua Holzer, appellant, et al., defendant.

(Index No. 5694/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 24, 2018, on the ground that it is an improper attempt to appeal the court's denial of an application to sign an order to show cause that was filed on September 15, 2017.

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

ORDERED that the motion is denied as the order dated January 24, 2018, decided a motion made on notice (see CPLR 5701[a][2]).

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court