Appellate Division: Second Judicial Department

M277952

E/sl

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-02139 HSBC Bank USA, N.A., etc., appellant, v Je'Reivien L. Kayo, et al., defendants, Edith Critchlow, respondent. (Index No. 513463/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 29, 2019. Motion by the appellant for leave to serve and file a supplemental brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant's brief is stricken, and on or before July 29, 2021, the appellant shall serve a replacement brief which discusses the issues raised by Freedom Mtge. Corp. v Engel (___ NY3d ___, 2021 NY Slip Op 01090) but is otherwise the same in content as the original brief and raises no other new issues, and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before August 30, 2021, the respondent shall serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

AUSTIN, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court