Appellate Division: Second Judicial Department

M258681

E/sl

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-04326 HSBC Bank USA, N.A., etc., respondent, v Francis M. Caesar, et al., appellants, et al., defendants. (Index No. 70104/2015)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated March 12, 2018, on the ground that no appeal lies from an order denying reargument or, in the alternative, to strike the appellants' appendix and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to direct the appellants to serve and file a replacement appendix and replacement brief and to extend the time to serve and file a brief. Cross motion by the appellants, inter alia, to impose a sanction upon the respondent and for a preference in the calendaring of the appeal.

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 branch of the motion which is to strike the appellants' appendix and brief and to direct the appellants to serve and file a replacement appellants' appendix and a replacement brief is granted, and on or before January 28, 2019, the appellants shall serve and file a replacement appendix and a replacement brief that do not contain or refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 27, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court