Appellate Division: Second Judicial Department

M309471

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-03597 HSBC Bank USA, National Association, etc., respondent, v Earl Cadwell, etc., et al., appellants, et al., defendants. (Index No. 610990/2020)

DECISION & ORDER ON MOTION

2024-12028, 2024-12393

HSBC Bank USA, National Association,

etc., respondent, v Earl Cadwell, etc., et al.,

appellants, et al., defendants.

(Index No. 610990/2020)

Appeals from two orders of the Supreme Court, Suffolk County, dated January 8, 2024, and October 11, 2024, respectively, and an order and judgment (one paper) of the same court dated October 11, 2024. The appeals by Loretta Cadwell from the order and the order and judgment both dated October 11, 2024, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Earl Cadwell to stay enforcement of the order and judgment, pending hearing and determination of the appeals.

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

ORDERED that the motion purportedly made on behalf of the appellant Loretta Cadwell is dismissed on the ground that appellant Earl Cadwell, who is not an attorney licensed to practice law in New York, was without authority to seek relief on the appellant Loretta Cadwell's behalf (see CPLR 321); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment, pending hearing and determination of the appeal from the order dated January 8, 2024, is denied as academic, as the appeal from the order dated January 8, 2024, was withdrawn by decision and order on motion dated March 24, 2025; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and the order and judgment both dated October 11, 2024, pending hearing and determination of those appeals is denied.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court