| HSBC Bank USA, N.A. v Hasan |
| Motion No: 2022-01578 |
| Slip Opinion No: 2023 NY Slip Op 66076(U) |
| Decided on April 28, 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
M288737
KS/
MARK C. DILLON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2022-01578 HSBC Bank USA, N.A., appellant, v Abul Hasan, et al., defendants, USROF III Legal Title Trust 2015-1, respondent. (Index No. 32862/2009)
| DECISION & ORDER ON MOTION |
Appeal from an amended order of the Supreme Court, Kings County, dated February 2, 2022. Motion by the respondent to strike a stated portion of the reply brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the material beginning with the second paragraph on page 4 of the reply brief through the end of that paragraph on page 5, ending with the words "to a different purchaser)," and footnote 4 on page 4 of the reply brief are stricken, and on or before May 29, 2023, the appellant shall serve and file, via NYSCEF, a replacement reply brief that does not contain the stricken material and is in all other respects the same as the brief previously filed.
DILLON, J.P., MILLER, DOWLING and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court