HSBC Bank USA v Chowdhury
Motion No: 2019-04797
Slip Opinion No: 2019 NY Slip Op 86008(U)
Decided on December 13, 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

M268208

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2019-04797

HSBC Bank USA, National Association, etc.,

respondent, v Shameem Chowdhury, appellant,

et al., defendants.

(Index No. 14749/09)

DECISION & ORDER ON MOTION

2019-07726

HSBC Bank USA, National Association, etc.,

respondent, v v Shameem Chowdhury, appellant,

et al., defendants.

(Index No. 14749/09)

Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Kings County, dated October 24, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, as well as an appeal from an order of the same court dated May 8, 2019, and to stay the sale of the subject premises pending hearing and determination of the appeals.

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 pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment is granted, and the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and the appellant's time to perfect the appeals is extended until January 13, 2020; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court