HSBC Bank USA, National Association v Nelson
Motion No: 2018-10238
Slip Opinion No: 2019 NY Slip Op 69797(U)
Decided on May 8, 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

M262524

E/mm

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-10238

HSBC Bank USA, National Association, etc.,

respondent, v Safiya Nelson, appellant, et al.,

defendants.

(Index No. 12408/13)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from a judgment of the Supreme Court, Kings County, dated April 9, 2018, on the ground that it was untimely served and filed or, in the alternative, to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to strike the respondent's brief is denied; and it is further,

ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until May 20, 2019, and the reply brief shall be served and filed on or before that date.

DILLON, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court