| HSBC Bank USA v Nunez |
| Motion No: 2024-09172 |
| Slip Opinion No: 2025 NY Slip Op 79900(U) |
| Decided on November 5, 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
M309149
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
PHILLIP HOM
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-09172 HSBC Bank USA, etc., respondent, v Carlos Nunez, appellant, et al., defendants. (Index No. 609511/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2024,
Motion by the respondent, inter alia, to dismiss the appeal on the grounds that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated March 19, 2025 (see Matter of Aho, 39 NY2d 241), and that it was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, on the ground that it was untimely taken (see CPLR 5513); and it is further,
ORDERED that the motion is otherwise denied as academic.
DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court