HSBC BANK USA, N.A. v. SIMMONS

2014-02816, Index No. 28569/11.

125 A.D.3d 930 (2015)

HSBC BANK USA, NATIONAL ASSOCIATION, Appellant, v. SHERRILYN SIMMONS et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 25, 2015.


Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, vacated the order dated August 6, 2013, and directed the dismissal of the complaint and the cancellation of the notice of pendency is deemed to be an application for leave to appeal from those portions of the order, and leave to appeal from those portions of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated December...

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