| HSBC Bank USA, N.A. v Conway |
| Motion No: 2016-10176 |
| Slip Opinion No: 2017 NY Slip Op 76634(U) |
| Decided on June 12, 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
M232726
E/sl
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-10176 HSBC Bank USA, N.A., respondent, v Christopher Conway, appellant, et al., defendants. (Index No. 702987/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 9, 2016, on the ground that the record is inadequate as it does not include a reply affirmation of Lijue T. Philip dated May 9, 2016. Cross motion by the appellant for leave to serve a supplemental record containing that reply affirmation in the event that the reply affirmation is properly part of the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the reply affirmation of Lijue T. Philip dated May 9, 2016, in connection with the motion that was determined in the order dated June 9, 2016; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,
ORDERED that the motion and the cross motion are held in abeyance in the interim.
LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court