HSBC v Dockery
Motion No: 2022-05647
Slip Opinion No: 2023 NY Slip Op 78561(U)
Decided on December 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293003

ID/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-05647

HSBC, etc., plaintiff-respondent, v James

Dockery, et al., appellants, Criminal Court of the

City of New York, et al., defendants-respondents.

(Index No. 510652/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 10, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Dewey Dockery, Jr., inter alia, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated as to the appellant Dewey Dockery, Jr., and on or before January 16, 2024, the appellant Dewey Dockery, Jr., shall and serve and file the record or appendix and his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and his appellant's brief and upload digital copies of the record or appendix and his appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied.

DILLON, J.P., MILLER, WARHIT and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court