HSBC Bank USA, National Association v Cabrera
Motion No: 2024-07331
Slip Opinion No: 2025 NY Slip Op 71182(U)
Decided on June 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M305951

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2024-07331, 2024-12685, 2024-12686,

2024-12690, 2024-12691, 2024-12692,

2024-12694

HSBC Bank USA, National Association, etc.,

respondent, v Heylin Cabrera, appellant, et al.,

defendants.

(Index No. 12015/2008)

DECISION & ORDER ON MOTION

Appeals from seven orders of the Supreme Court, Kings County, dated June 11, 2024, September 22, 2015, February 25, 2014, January 24, 2017 (two orders), August 13, 2018, and September 26, 2024, respectively. Motion by the respondent, inter alia, in effect, to dismiss the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated June 17, 2019, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branches of the motion which are to dismiss the appeals from the orders dated September 22, 2015, February 25, 2014, January 24, 2017 (two orders), and August 13, 2018, are granted, and the appeals from those orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before July 18, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., WOOTEN, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court