| HSBC Bank, USA, National Association, as trustee for the holders of the Ellington Loan Acquisition Trust 2007-1, v Sawh |
| Motion No: 2017-04167 |
| Slip Opinion No: 2017 NY Slip Op 79062(U) |
| Decided on July 5, 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
M233939
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
|
2017-04167
HSBC Bank, USA, National Association, as trustee for the holders of the Ellington Loan Acquisition Trust 2007-1, etc., respondent, v Vishnu Sawh, appellant, et al., defendants. (Index No. 704354/13)
| 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, Queens County, entered November 4, 2016.
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 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 entered November 4, 2016, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Queens County, entered February 2, 2017 (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 July 26, 2017, or, if the appellant be so advised, by making a motion, on or before July 26, 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, to deem the record and the 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 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 upon the parties to the appeal by regular mail.
MASTRO, J.P., BALKIN, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court