| Mongiello v HSBC Bank USA, NA |
| Motion No: 2022-08479 |
| Slip Opinion No: 2024 NY Slip Op 63945(U) |
| Decided on March 13, 2024 |
| 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
M294885
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.
|
2022-08479, 2022-08481 Christopher M. Mongiello, appellant, v HSBC Bank USA, NA, et al., respondents, et al., defendant. (Index No. 58368/2020)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Westchester County, both dated June 16, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c), in effect, to vacate the dismissal of the appeals, to extend the time to perfect the appeals, and pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix. Motion by the respondents to dismiss the appeals on the ground that the appendix is inadequate or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the appeals is granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 12, 2024, the appellant shall and 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; and it is further,
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix is denied, with leave to renew, on or before April 12, 2024, upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further,
ORDERED that the motion by the respondents is denied as premature.
CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court