Appellate Division: Second Judicial Department

M272893

MB/

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-00257 HSBC Bank USA, N.A., respondent, v Joseph H. Pacifico, Jr., appellant. (Index No. 1625/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 14, 2018. Motion by the respondent to dismiss the appeal on the ground that it was not served with the record on appeal or appellant's brief or, in the alternative, for an extension of 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 branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before October 12, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's 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 respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no further extension of time shall be granted.

CHAMBERS, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court