HSBC Bank USA, National Association v Joo
Motion No: 2018-14442
Slip Opinion No: 2019 NY Slip Op 67951(U)
Decided on April 15, 2019
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

M261804

E/afa

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-14442

HSBC Bank USA, National Association, etc.,

respondent, v Suanny Joo, et al., appellants,

et al., defendants.

(Index No. 1793/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 21, 2018, on the ground that the dismissal of a prior appeal under Appellate Division Docket No. 2017-07656 for failure to timely perfect precludes consideration of the issues to be raised on this appeal. Cross motion by the appellants to adjourn the motion.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court