| HSBC Bank USA, N.A. v Michalczyk |
| Motion No: 2023-11360 |
| Slip Opinion No: 2025 NY Slip Op 63874(U) |
| Decided on March 3, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M303271
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-11360 HSBC Bank USA, N.A., respondent, v Mildred J. Michalczyk, et al., appellants. (Index No. 600223/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated August 8, 2023. Motion by the appellants to extend the time to perfect the appeal. By order to show cause dated October 18, 2024, the appellants were directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and/or dismissing the appeal insofar as taken by Peter Czech on the ground that he is not aggrieved by the order, and the motion by the appellants was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellants and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5701), without costs or disbursements; and it is further,
ORDERED that the motion by the appellants is denied as academic.
CHAMBERS, J.P., WOOTEN, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court