HSBC Bank USA, N.A. v Genova
Motion No: 2020-03007
Slip Opinion No: 2021 NY Slip Op 72562(U)
Decided on October 1, 2021
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

M279387

MB/

SYLVIA O. HINDS-RADIX, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

JOSEPH A. ZAYAS, JJ.

2020-03007

HSBC Bank USA, N.A., etc., appellant,

v Joseph Genova, respondent, et al., defendants.

(Index No. 131695/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated December 4, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

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, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 1, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

HINDS-RADIX, J.P., BRATHWAITE NELSON, IANNACCI and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court