HSBC Bank USA, National Association v Irizarry
Motion No: 2023-06495
Slip Opinion No: 2024 NY Slip Op 64253(U)
Decided on March 18, 2024
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

M295022

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-06495

HSBC Bank USA, National Association, etc.,

respondent, v Howard Irizarry, etc., appellant,

et al., defendants.

(Index No. 508867/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated May 25, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.

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.

DUFFY, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court