Appellate Division: Second Judicial Department

M312259

DF/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2024-09853 SFH Holding Corp, respondent, v HSBC Bank USA, National Association, etc., appellant. (Index No. 532449/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 17, 2024. Motion by the respondent, inter alia, in effect, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is, in effect, to strike stated portions of the record and the appellant's brief on the ground that they contain and refer to matter dehors the record is granted to the extent that pages 385 through 417 of the record, and the material on page 3 of the appellant's brief consisting of the words "(ultimately successful)," on page 6 beginning with the words "On October 10, 2024" and ending with the words "R. 411-417," on page 10 consisting of the words "(which has since been granted)," on page 11 beginning with the words "(as it indeed" and ending with the words "default judgment)," on page 12 beginning with the words "- a finding" and ending with the words "effectively moot," on page 14 beginning with the word "However" and ending with the word "meritless," on page 15 beginning with the words "as the court" and ending with "to proceed," and in footnote 4 beginning with the words "R. 411-417" and ending with "complete defense," are stricken, and on or before April 27, 2026, the appellant shall serve and file a replacement record and brief which do not contain the stricken material and are in all other respects the same as the record and brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload a digital copy of the replacement record and brief 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 which is to extend the time to serve and file a brief is granted, and on or before May 27, 2026, 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.

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court