Appellate Division: Second Judicial Department

M269730

kbp/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

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 and judgment (one paper) 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. By decision and order on motion of this Court dated April 15, 2019, the respondent's motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Separate motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of this appeal, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.

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

ORDERED that the respondent's motion is denied as academic, as the appeal has been deemed dismissed; and it is further,

ORDERED that the appellants' motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court