| BAC Home Loans Servicing, LP, formerly known as Countrywide Home |
| Motion No: 2016-03824 |
| Slip Opinion No: 2017 NY Slip Op 72294(U) |
| Decided on May 2, 2017 |
| 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
M230381
E/afa
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2016-03824 BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, L.P., plaintiff-respondent, v Semyon Chertov, appellant, et al., defendants; Bank of America, N.A., nonparty-respondent. (Index No. 10434/12)
| 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 an order of the Supreme Court, Richmond County, dated May 9, 2014.
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 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 May 9, 2014, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Richmond County, dated July 21, 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 May 23, 2017, or (2) if so advised, to make a motion, on or before May 23, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order dated May 9, 2014, to deem the appellant's appendix and appellant's brief 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 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.
ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court