| HSBC Bank USA, National Association v Dusowitz |
| Motion No: 2019-07887 |
| Slip Opinion No: 2020 NY Slip Op 68765(U) |
| Decided on July 17, 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. |
Appellate Division: Second Judicial Department
M271889
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
PAUL WOOTEN, JJ.
|
2019-07887 HSBC Bank USA, National Association, etc., respondent, v Abraham Dusowitz, appellant, et al., defendants. (Index No. 12306/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered April 15, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is referred to the Supreme Court, Nassau County, to report on whether it considered the affirmation in opposition of Avi Rosenfeld dated November 26, 2018, and the exhibits annexed thereto, in connection with the motion that was determined by the order entered April 15, 2019; the Supreme Court, Nassau County, shall file its report to this Court with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court