Appellate Division: Second Judicial Department

M301893

AFA/

HECTOR D. LASALLE, P.J.

LARA J. GENOVESI

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-02125 Deutsch Bank National Trust Company, etc., appellant, v Halcyon Desouza-Cooper, respondent, et al., defendants. (Index No. 32621/2008)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated December 8, 2023. Motion by the respondent to dismiss so much of the appeal from the judgment as brings up for review a prior order of the same court dated September 7, 2016, pursuant to Bray v Cox (38 NY2d 350), to strike stated portions of the record and appellant's brief on the ground that they refer to matter precluded from appellate review pursuant to Bray v Cox (38 NY2d 350), 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 to dismiss so much of the appeal from the judgment as brings up for review the order dated September 7, 2016, pursuant to Bray v Cox (38 NY2d 350), is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 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 March 20, 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; and it is further,

ORDERED that no further extension of time shall be granted.

LASALLE, P.J., GENOVESI, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court