| HSBC Bank USA, National Association v Trincilla |
| Motion No: 2024-01203 |
| Slip Opinion No: 2025 NY Slip Op 71900(U) |
| Decided on June 30, 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
M306236
AFA/
ANGELA G. IANNACCI, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2024-01203 HSBC Bank USA, National Association, etc., respondent, v Lisa Trincilla, et al., defendants, Dominick Valoroso, appellant. (Index No. 20111/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 5, 2023. Motion by the respondent, inter alia, in effect, to dismiss the appeal on the ground that the appellant is not aggrieved by the order or, in the alternative, to dismiss the appeal from so much of the order as granted the respondent's motion for leave to renew its motion for a judgment of foreclosure and sale and, upon renewal, granted the respondent's motion for a judgment of foreclosure and sale against the defendants on the ground that the appellant is not aggrieved by that portion of the order, to direct the appellant to file a replacement brief, and to extend the time to file a brief.
Upon the papers filed in support of the motion and the papers been filed in opposition thereto, it is
ORDERED that the branches of the motion which are, in effect, to dismiss the appeal on the ground that the appellant is not aggrieved by the order and to dismiss the appeal from so much of the order as granted the respondent's motion for leave to renew its motion for a judgment of foreclosure and sale and, upon renewal, granted the respondent's motion for a judgment of foreclosure and sale against the defendants on the ground that the appellant is not aggrieved by that portion of the order are held in abeyance and referred to the panel of Justices hearing the appeal 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 file a brief is granted and on or before July 30, 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; and it is further,
ORDERED that the motion is otherwise denied.
IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court