HSBC Bank USA, N.A. v Melchner
Motion No: 2018-15111
Slip Opinion No: 2019 NY Slip Op 82615(U)
Decided on October 23, 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

M266839

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-15111

HSBC Bank USA, N.A., appellant-respondent,

v Charles G. Melchner, et al., respondents-

appellants, et al., defendant.

(Index No. 39/13)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Putnam County, dated October 19, 2018, to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal and cross appeal are 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; and it is further,

ORDERED that the motion is denied as academic.

CHAMBERS, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court