| Bank of New York Mellon, formerly known as Bank of Ne |
| Motion No: 2016-06856 |
| Slip Opinion No: 2016 NY Slip Op 81027(U) |
| Decided on July 29, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M215647
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
|
2016-06856
Bank of New York Mellon, formerly known as Bank of New York, etc., respondent, v Melissa Sacco, et al., defendants, Eric Krane, appellant. (Index No. 66676/14)
| ORDER TO SHOW CAUSE |
Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, entered April 7, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that the judgment entered April 7, 2016, was entered upon the default of the appellant (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before August 22, 2016, and by serving one copy of the same on each other; 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 to the appeal by regular mail.
DILLON, J.P., BALKIN, SGROI and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court