Appellate Division: Second Judicial Department

M268325

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-02261 HSBC Bank USA, National Association, etc., respondent, v Anthony Rahmanan, appellant, et al., defendants. (Index No. 13737/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 2, 2019, on the grounds that the appellant's record is inadequate and contains matter dehors the record. Cross motion by the appellant for leave to serve and file a supplemental record. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied on condition that on or before January 21, 2020, the appellant serve and file a replacement appellant's record that complies with the rules of this Court and does not contain matter dehors the record, and a replacement brief that cites to the replacement record; and it is further,

ORDERED that the application is denied as unnecessary; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court