| HSBC Bank USA, N.A. v Conway |
| Motion No: 2016-10176 |
| Slip Opinion No: 2017 NY Slip Op 79543(U) |
| Decided on July 11, 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
M233817
E/ct
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, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record containing that reply affirmation in the event that the reply affirmation is properly part of the record. By decision and order on motion dated June 12, 2017, the matter was 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, has filed its report dated June 23, 2017.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated June 23, 2017, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the cross motion is granted, and on or before July 24, 2017, the appellant shall serve and file a supplemental record containing the reply affirmation of Lijue T. Philip dated May 9, 2016; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until August 23, 2017, and the respondent's brief must be served and filed on or before that date.
LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court