HSBC Bank USA, NA v Sellers
Motion No: 2023-06177
Slip Opinion No: 2024 NY Slip Op 71069(U)
Decided on July 17, 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

M297793

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-06177, 2023-06178

HSBC Bank USA, N.A., respondent,

v Siaida Sellers, appellant, et al., defendants.

(Index No. 21846/2012)

DECISION & ORDER ON MOTION

Appeals from an order and a judgment of the Supreme Court, Kings County, dated March 15, 2023, and March 16, 2023, respectively. Motion by the respondent to dismiss the appeals on the ground that the appellant is not aggrieved, 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 appeals on the ground that the appellant is not aggrieved is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 August 16, 2024, 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.

DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court