| HSBC Bank USA, National Association v Walker |
| Motion No: 2023-08536 |
| Slip Opinion No: 2025 NY Slip Op 60855(U) |
| Decided on January 17, 2025 |
| 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
M302233
AFA/
ANGELA G. IANNACCI, J.P.
VALERIE BRATHWAITE NELSON
HELEN VOUTSINAS
CARL J. LANDICINO, JJ.
|
2023-08536 HSBC Bank USA, National Association, etc., respondent, v Conrad Walker, appellant, et al., defendants. (Index No. 726566/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 12, 2023. Motion by the appellant, in effect, to stay the proceedings in the above-entitled action, including the sale of the subject premises, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a replacement record containing certain material, and to extend the time to serve and file a brief. Cross-motion by the appellant to enlarge the record.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant, in effect, to stay the proceedings in the above-entitled action, including the sale of the subject premises, is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to direct the appellant to serve and file a replacement record, and the cross-motion by the appellant, are granted to the extent that on or before February 18, 2025, the appellant shall serve and file a supplemental record containing the Supreme Court NYSCEF Document No. 4, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, 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 by the respondent which is to extend the time to serve and file a brief is granted, and on or before March 20, 2025, 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.
IANNACCI, J.P., BRATHWAITE NELSON, VOUTSINAS and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court