Herkimer Funding Holding Corp. v 329 Herkimer Street, LLC
Motion No: 2025-10730
Slip Opinion No: 2026 NY Slip Op 60436(U)
Decided on January 12, 2026
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

M310623

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2025-10730, 2026-00285

Bayport Funding, LLC, etc., plaintiff,

v 329 Herkimer Street, LLC, et al., defendants,

Michael John Gordon, appellant; Herkimer

Funding Holding Corp., nonparty-respondent.

(Index No. 516529/2023)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated July 21, 2025. Motion by the respondent to dismiss the appeals on the ground that the appeals were untimely taken.

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 appeals are dismissed (see CPLR 5513), without costs or disbursements.

DUFFY, J.P., WOOTEN, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court