Opinion
Motion No. 2022-01578 Index No. 32862/2009
04-28-2023
HSBC Bank USA, N.A., appellant, v. Abul Hasan, et al., defendants USROF III Legal Title Trust 2015-1, respondent.
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an amended order of the Supreme Court, Kings County, dated February 2, 2022. Motion by the respondent to strike a stated portion of the reply brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the material beginning with the second paragraph on page 4 of the reply brief through the end of that paragraph on page 5, ending with the words "to a different purchaser)," and footnote 4 on page 4 of the reply brief are stricken, and on or before May 29, 2023, the appellant shall serve and file, via NYSCEF, a replacement reply brief that does not contain the stricken material and is in all other respects the same as the brief previously filed.
DILLON, J.P., MILLER, DOWLING and WAN, JJ., concur.