Appellate Division: Second Judicial Department

M270814

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

Appeal from an order of the Supreme Court, Nassau County, entered January 2, 2019. By order to show cause dated February 5, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with the decision and order on motion of this Court dated December 20, 2019, in which the appellant was directed to serve and file a replacement appellant's record that complied with the rules of this Court and did not contain matter dehors the record, and a replacement brief that cited to the replacement record.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated December 20, 2019, is extended, and the appellant shall serve a replacement record that complies with the rules of this Court and does not contain matter dehors the record, and a replacement appellant's brief that cites to the replacement record, and upload digital copies of the replacement record and the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, on or before June 10, 2020, and file an original and five hard copies of the replacement record and replacement appellant's brief in accordance with ay applicable administrative order or other order to be issued by the Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court