| US Bank, N.A., as legal title trustee for Truman 2012 Title Trust v Da |
| Motion No: 2016-01576 |
| Slip Opinion No: 2017 NY Slip Op 81585(U) |
| Decided on August 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
M235341
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2016-01576
US Bank, N.A., as legal title trustee for Truman 2012 Title Trust, respondent, v Mendel Dashkal, also known as Mendel Dasal, et al., appellants, et al., defendants. (Index No. 20139/08)
| ORDER TO SHOW CAUSE |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated October 9, 2015, pending hearing and determination of an appeal therefrom.
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 dated October 9, 2015, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Kings County, dated April 21, 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 August 23, 2017, or, if the appellant be so advised, by making a motion, on or before August 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, to deem the record and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the judgment, 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 for leave to serve and file a supplemental record containing the judgment dated April 21, 2017; 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 upon the parties to the appeal by regular mail.
RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court