| HSBC Bank USA, National Association v Epstein |
| Motion No: 2016-03097 |
| Slip Opinion No: 2017 NY Slip Op 69580(U) |
| Decided on April 5, 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
M228850
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-03097 HSBC Bank USA, National Association, respondent, v Richard Epstein, et al., appellants, et al., defendants. (Index No. 135135/14)
| DECISION & ORDER ON MOTION |
Motion by Richard Epstein and Elaine G. Epstein to recall and vacate so much of a decision and order on motion of this Court dated January 3, 2017, as dismissed an appeal from an undated order of the Supreme Court, Richmond County, to correct the notice of appeal to reflect that they are the proper party appellants, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated January 3, 2017, as dismissed the appeal is recalled and vacated, and the notice of appeal is deemed amended to reflect that Richard Epstein and Elaine G. Epstein are the proper party appellants (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until June 5, 2017, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court