| HSBC Bank USA, National Association v Simms |
| Motion No: 2013-06826 |
| Slip Opinion No: 2014 NY Slip Op 67957(U) |
| Decided on March 31, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M171976
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
|
2013-06826 HSBC Bank USA, National Association, respondent-appellant, v Keith Simms, et al appellants-respondents, et al., defendants. (Index No. 33094/09)
| DECISION & ORDER ON MOTION ., |
Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 14, 2013, on the ground that the record and brief were not properly served upon it, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until April 30, 2014, and the answering brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court