HSBC Bank USA, National Association v Fairclough
Motion No: 2020-00261
Slip Opinion No: 2020 NY Slip Op 73693(U)
Decided on October 26, 2020
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

M273696

MB/

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2020-00261

HSBC Bank USA, National Association, etc.,

respondent, v Lorna Fairclough, appellant,

et al., defendants.

(Index No. 1995/2013)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, entered September 18, 2019. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved and lacks standing to prosecute 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 the motion is denied as academic, as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

AUSTIN, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court