Appellate Division: Second Judicial Department

M306050

AFA/

LARA J. GENOVESI, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-07705 Bank of New York Mellon, etc., respondent, v Felix Peralta, appellant, et al., defendants. (Index No. 702012/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated February 19, 2020, which was determined by decision and order of this Court dated June 25, 2025. Motion by the appellant, inter alia, to strike the respondent's brief on the ground that it refers to matter dehors the record and, in effect, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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 strike the respondent's brief is granted to the extent that the material on page 4 beginning with the words "Pursuant to CLR 3408" and ending with "(NYCEF Doc. No. 56)", the paragraph beginning on page 4 with the words "Plaintiff filed a motion" and ending on page 5 with the words "(NYCEF Doc NO. 93)", the words "97" and "NYCEF Doc. Nos. 105-111" on page 5, the material beginning on page 6 with the words "On or about April 5, 2023" and ending on page 7 with the words "(NYCEF Doc. No. 210)" are stricken and have not been considered in the determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay all proceedings including the trial, pending hearing and determination of the appeal is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

GENOVESI, J.P., WOOTEN, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court