Appellate Division: Second Judicial Department

M312192

DF/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

LISA S. OTTLEY, JJ.

2024-07331, 2024-12694 HSBC Bank USA, National Association, etc., respondent, v Heylin Cabrera, appellant, et al., defendants. (Index No. 12015/2008)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated June 11, 2024, and September 26, 2024, respectively. Motion by the appellant, inter alia, to stay all proceedings and enforcement actions affecting her possession or access to the subject property, pending hearing and determination of the appeals. Separate motion by the appellant, inter alia, in effect, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record.

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

ORDERED that the branch of the motion which is to stay all proceedings and enforcement actions affecting the appellant's possession or access to the subject property is granted to the extent that enforcement of the judgment in the above-entitled action, dated June 17, 2019, by way of any non-judicially approved self-help efforts by the respondent, or any agent thereof, including the building management company and loan servicer, is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motions are otherwise denied.

IANNACCI, J.P., WOOTEN, TAYLOR and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court