| Thornburg Mortgage Home Loans, Inc. v Fessler |
| Motion No: 2017-01519 |
| Slip Opinion No: 2017 NY Slip Op 82127(U) |
| Decided on August 7, 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
M235397
E/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-01519 Thornburg Mortgage Home Loans, Inc., plaintiff, v Eric Fessler, et al., defendants; U.S. Bank National Association, etc., nonparty-appellant. (Index No. 14349/09)
| ORDER TO SHOW CAUSE |
Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered March 31, 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 parties are directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the nonparty-appellant is not aggrieved by the order entered March 31, 2016 (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before August 28, 2017, and by serving one copy of the same on each other; 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, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court