Nelson v HSBC Bank USA
Motion No: 2009-04273
Slip Opinion No: 2010 NY Slip Op 79626(U)
Decided on August 16, 2010
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

M107068

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-04273

Lina Nelson, et al., appellants,

v HSBC Bank USA, et al., respondents.

(Index No. 38163/03)

DECISION & ORDER ON MOTION

Motion by the respondents to amend the record on an appeal from a judgment of the Supreme Court, Kings County, entered March 31, 2009, and to strike stated portions of the record on the ground that they contain matter dehors the record.

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 to amend the record is granted and on or before August 30, 2010, the appellants shall insert pages 7 and 14 of trial exhibit J as pages 2041.1 and 2047.1, respectively, in the copies of the record on appeal filed with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the record on the ground that they contain matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court