| HSBC Bank USA, Natonal Association v Bott |
| Motion No: 2020-09668 |
| Slip Opinion No: 2023 NY Slip Op 63779(U) |
| Decided on March 22, 2023 |
| 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
M288007
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
PAUL WOOTEN
JANICE A. TAYLOR, JJ.
|
2020-09668 HSBC Bank USA, National Association, etc., respondent, v Stephen Bott, etc., et al., appellants, et al., defendant.
(Index No. 605950/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2020. Motion by the respondent to dismiss the appeal on the grounds that the appellant failed to properly serve the notice of e-filed case number, brief, and appendix or, in the alternative, 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 extend the time to serve and file a brief is granted, and on or before April 21, 2023, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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.
DILLON, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court