| HSBC Bank USA, National Association v Tucci |
| Motion No: 2024-04473 |
| Slip Opinion No: 2025 NY Slip Op 64003(U) |
| Decided on March 5, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M303296
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
JANICE A. TAYLOR, 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. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals. Motion by the respondent to dismiss the appeals or, in the alternative, 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 and to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to stay the sale of the subject property, pending hearing and determination of the appeals, is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the record and appellant's brief is granted to the extent that pages R486 through R512 of the record are stricken, and on or before April 4, 2025, the appellant shall serve and file a replacement record that does not contain the stricken material and is in all other respects the same as the record previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement record with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion 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 is granted, and on or before May 5, 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., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court