HSBC Bank, USA, NA v. Taher

Full title: HSBC Bank, USA, N.A., etc., appellant, v. Eileen N. Taher, respondent, et…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Aug 4, 2011

Motion No: 2011-06455 (N.Y. App. Div. Aug. 4, 2011)

Opinion

Motion No: 2011-06455 Index No. 9320/09M123774

08-04-2011

HSBC Bank, USA, N.A., etc., appellant, v. Eileen N. Taher, respondent, et al., defendants.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated July 1, 2011, and to stay enforcement of the order pending hearing and determination of the appeal.

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 branch of the motion which is for leave to appeal from so much of the order as, inter alia, denied the appellant's motion for an order of reference is denied as unnecessary (see CPLR 5701[a]), and the motion papers are deemed to be a timely notice of appeal from that portion of the order; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is otherwise granted, and leave to appeal to this Court is granted from so much of the order as, sua sponte, dismissed the complaint, cancelled the notice of pendency, and directed a hearing on the issue of sanctions; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court