PNC Bank, National Association v Rodriguez
Motion No: 2013-11360
Slip Opinion No: 2014 NY Slip Op 81714(U)
Decided on August 26, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M179027

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-11360, 2014-04396

PNC Bank, National Association, etc.,

respondent, v Cirilo Rodriguez, appellant,

et al., defendants.

(Index No. 12-61878)

ORDER TO SHOW CAUSE

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated September 24, 2013, and March 17, 2014, respectively, to stay enforcement of a judgment of the same court dated July 14, 2014, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the parties are directed to show cause before this Court why the appeals should or should not be dismissed on the ground that the right of direct appeal from the orders dated September 24, 2013, and March 17, 2014, terminated with entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before September 16, 2014; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause on the parties by regular mail.

BALKIN, J.P., LEVENTHAL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court