| HSBC Bank USA, National Association v Tucci |
| Motion No: 2024-04473 |
| Slip Opinion No: 2025 NY Slip Op 80183(U) |
| Decided on November 7, 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
M309173
AFA/
MARK C. DILLON, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
SUSAN QUIRK, JJ.
|
2024-04473, 2024-04474 HSBC Bank USA, National Association, etc., respondent, v Philip Tucci, etc., appellant, et al., defendants. (Index No. 15314/2012)
| DECISION & ORDER ON MOTION |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Suffolk County, both dated April 17, 2024. By decision and order on motion of this Court dated March 5, 2025, the appellant was directed to serve and file a replacement record on or before April 4, 2025. Motion by the respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated March 5, 2025, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated March 5, 2025; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., FORD, DOWLING and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court