| HSBC Bank USA, N.A. v Chapman |
| Motion No: 2019-13125 |
| Slip Opinion No: 2020 NY Slip Op 76092(U) |
| Decided on December 16, 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
M274592
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2019-13125 HSBC Bank USA, N.A., etc., appellant, v Donmack Chapman, et al., defendants, 1109 Jefferson Ave Realty Corp., respondent. (Index No. 12070/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 15, 2019. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material and 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 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 direct the appellant to serve and file a supplemental record containing certain material is granted, and on or before January 15, 2021, the respondent shall serve a supplemental record containing Exhibits N through CC annexed to the copy of the affirmation of Simon I. Malinowski dated April 24, 2018, that was filed in connection with the motion that was determined by the order dated August 15, 2019, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's 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 February 14, 2021, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent shall 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.
MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court