HSBC Bank USA, National Association v Fiorella
Motion No: 2019-09019
Slip Opinion No: 2019 NY Slip Op 82661(U)
Decided on October 24, 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

M266906

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2019-09019

HSBC Bank USA, National Association, etc.,

respondent, v Irina Fiorella, et al., appellants,

et al., defendant.

(Index No. 52951/16)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated July 30, 2019, and to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., LEVENTHAL, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court