HSBC Bank USA, National Association v Epstein
Motion No: 2018-12605
Slip Opinion No: 2019 NY Slip Op 68100(U)
Decided on April 16, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261081

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-12605

HSBC Bank USA, National Association, respondent,

v Richard Epstein, appellant, et al., defendants.

(Index No. 135135/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Richmond County, dated July 30, 2018, on the ground that no appeal lies from a judgment entered upon the default of the appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended until June 17, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court