Appellate Division: Second Judicial Department

M286283

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2021-09378 HSBC Bank USA, National Association, etc., respondent, v Suneel Rampersad, appellant, et al., defendants. (Index No. 709993/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 17, 2021. Motion by the respondent to dismiss the appeal, inter alia, pursuant to Bray v Cox (38 NY2d 350). Cross motion by the appellant, in effect, for leave to amend the initial informational statement in accordance with 22 NYCRR 1250.3(a). Application by the appellant to extend the time to perfect the appeal.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350), is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied as unnecessary; and it is further,

ORDERED that the application is granted, and on or before January 6, 2023, 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.

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court