HSBC Bank USA, National Association v 863 A Partners, LLC
Motion No: 2024-06415
Slip Opinion No: 2025 NY Slip Op 73000(U)
Decided on July 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M306683

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2024-06415

HSBC Bank USA, National Association, etc.,

respondent, v 863 A Partners, LLC, appellant,

et al., defendants.

(Index No. 507431/2017)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 27, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to stay the sale and transfer of the subject property, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 20, 2025, the appellant shall 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 motion to stay the sale and transfer of the subject property is denied.

GENOVESI, J.P., MILLER, FORD and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court