Appellate Division: Second Judicial Department

M216480

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2015-10973, 2016-00417, 2016-07675 Flushing Bank, formerly known as Flushing Savings Bank, FSB, respondent, v Yvanne A. Daniel, appellant. (Appeal Nos. 1 and 3) Flushing Bank, formerly known as Flushing Savings Bank, FSB, appellant v Yvanne A. Daniel, respondent. (Appeal No. 2) (Index No. 4295/12)

ORDER TO SHOW CAUSE

Motion by Yvanne A. Daniel on appeals from three orders of the Supreme Court, Nassau County, dated June 30, 2015, December 1, 2015, and June 22, 2016, respectively, to stay all proceedings in the above-entitled action, including a hearing scheduled for September 13, 2016, pending hearing and determination of the appeal from the order dated December 1, 2015.

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

ORDERED that on the Court's own motion, the appeal from the order dated June 30, 2015, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

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

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated December 1, 2015, in the above-entitled action, on the ground that the appeal has been rendered academic by the order dated June 22, 2016, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before September 6, 2016; 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 upon the parties by regular mail.

ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court