Appellate Division: Second Judicial Department

M221999

E/afa

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-10868 Emigrant Mortgage Company, Inc., respondent, v Albert Cisario, et al., defendants, Julie A. Raimondi Cisario, appellant. (Index No. 12278/08)

ORDER TO SHOW CAUSE

Motion by the appellant on an appeal from a purported order of the Supreme Court, Nassau County, dated October 17, 2016, to stay the foreclosure sale of the subject premises.

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 parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the grounds that (1) there was no order of the Supreme Court, Nassau County, dated October 17, 2016, issued in the above-entitled action (see CPLR 2219), and/or (2) the notice of appeal dated October 17, 2016, which is attached to the motion papers, was never filed (see CPLR 5513), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before December 28, 2016, and by serving one copy of the same on each other; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court