HSBC Bank USA, National Ass'n v. Moley

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pines, J.), dated January 22, 2015, which, sua sponte, dismissed the action as abandoned pursuant to 22 NYCRR 202.48 (b) and thereupon, in effect, denied, as academic, its motion, inter alia, for summary judgment on the complaint insofar as asserted against the Estate of William Bender, also known as William H. Bender, leave to enter a default judgment against the defendant Frank Moley, Jr., and for an order of reference.

Ordered that on the Court’s own motion, the notice of appeal…