Appellate Division: Second Judicial Department

M305615

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LILLIAN WAN, JJ.

2022-00599 HSBC Bank USA, National Association, etc., respondent, v Ashim Kaul, appellant, et al., defendants. (Index No. 503920/2016)

DECISION & ORDER ON MOTION

2024-06050

HSBC Bank USA, National Association,

etc., respondent, v Ashim Kaul, appellant,

et al., defendants.

(Index No. 503920/2016)

Appeals from two orders of the Supreme Court, Kings County, dated January 5, 2022, and April 8, 2024, respectively. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order dated April 8, 2024. Motion by the respondent to strike stated portions of the record on appeal and the appellant's brief on the appeal from the order dated January 5, 2022, on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file a brief on the appeal from the order dated January 5, 2022. By order to show cause dated August 7, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated January 5, 2022, on the ground that the order dated January 5, 2022, was superseded by the order dated April 8, 2024, and the motion by the respondent was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the appellant and the respondent and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated January 5, 2022, 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 motion by the appellant is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to strike stated portions of the record and brief on the appeal from the order dated January 5, 2022, is granted to the extent that pages R173 through R302 of the record on appeal, and the appellant's brief, are stricken, and on or before July 7, 2025, the appellant shall serve and file a replacement record that does not contain the stricken material, and a replacement appellant's brief that does not refer to the stricken material, but which are in all other respects the same as the record and appellant's brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload digital copies of the replacement record and brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion by the respondent is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief on the appeal from the order dated January 5, 2022, is granted, and on or before August 6, 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.

DUFFY, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court