HSBC Bank USA, National Association v Casanova
Motion No: 2023-01714
Slip Opinion No: 2024 NY Slip Op 78872(U)
Decided on November 22, 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

M300887

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2023-01714

HSBC Bank USA, National Association, etc.,

respondent, v Heriberto Casanova, et al.,

appellants, et al., defendants.

(Index No. 705171/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 9, 2022. Motion by the respondent to dismiss the appeal on the ground that the appeal was not timely perfected following service upon the appellants of a notice pursuant to CPLR 321(c) to appoint new appellate counsel.

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 granted, and the appeal is dismissed, without costs and disbursements.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court