| HSBC Bank USA, N.A. v Jean |
| Motion No: 2016-05482 |
| Slip Opinion No: 2016 NY Slip Op 94861(U) |
| Decided on December 21, 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
M222427
J/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
BETSY BARROS
|
2016-05482 HSBC Bank USA, N.A., etc., respondent, v Jocelyn Jean, appellant, et al., defendants. (Index No. 10434/12)
| ORDER TO SHOW CAUSE |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2016.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated April 12, 2016, on the ground that the right of direct appeal from the order terminated upon entry of the judgment of the Supreme Court, Suffolk County, dated April 12, 2016 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 23, 2017, or (2) if so advised, to make a motion, on or before January 23, 2017, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that the judgment brings up for review the order dated April 12, 2016, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the judgment, and to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeal from the order; and it is further,
ORDERED that the application 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 upon the parties to the appeal by regular mail.
CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court