HSBC Bank USA, N.A. v Hibbert
Motion No: 2019-06118
Slip Opinion No: 2020 NY Slip Op 66954(U)
Decided on June 10, 2020
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

M271234

MB/

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-06118, 2019-06120

HSBC Bank USA, N.A., respondent,

v Errington W. Hibbert, et al., appellants.

(Index No. 7328-2016)

DECISION & ORDER ON MOTION

Appeals from a decision of the Supreme Court, Nassau County, entered March 11, 2019, and an order of the same court also entered March 11, 2019. Motion by the appellants to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is granted, the appellants' time to perfect the appeal from the order is extended, and on or before July 10, 2020, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied as academic.

CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court