| HSBC Bank USA, National Association v Moses |
| Motion No: 2018-13081 |
| Slip Opinion No: 2018 NY Slip Op 92005(U) |
| Decided on December 28, 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. |
Appellate Division: Second Judicial Department
M258712
E/mm
HECTOR D. LASALLE, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-13081
HSBC Bank USA, National Association, appellant, v Anna Moses, et al., respondents. (Index No. 23447/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 10, 2013, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see CPLR 5513[a]); and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.
LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court