| HSBC Bank USA, N.A. v Sodhi |
| Motion No: 2015-09895 |
| Slip Opinion No: 2017 NY Slip Op 60096(U) |
| Decided on January 4, 2017 |
| 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
M223926
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2015-09895, 2015-09899 HSBC Bank USA, N.A., etc., respondent, v Gurmeet K. Sodhi, appellant, et al., defendants. (Index No. 24277/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from a judgment of the Supreme Court, Suffolk County, entered July 1, 2008, and an order of the same court dated September 16, 2015 , to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent, inter alia, to dismiss the appeals on the ground that the appellant's appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appendix and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross motion which is to dismiss the appeals is denied on condition that on or before February 28, 2017, the appellant serves and files a replacement appellant's appendix which complies with the rules of this Court (see 22 NYCRR 670.10.1; 670.10.2[a], [c]) and a replacement appellant's brief which contains supporting references to the replacement appellant's appendix (see 22 NYCRR 670.10.3[g][2][iv]) ; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until April 4, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied with leave to serve and file a renewed motion simultaneously with the filing of the replacement appellant's appendix.
AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court