Compass Bank v Simmons
Motion No: 2015-06240
Slip Opinion No: 2017 NY Slip Op 85692(U)
Decided on September 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M237454

X/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-06240

Compass Bank, respondent,

v Tashera Simmons, appellant,

et al., defendants.

(Index No. 52387/13)

ORDER TO SHOW CAUSE

Appeal by Tashera Simmons from an order of the Supreme Court, Westchester County, dated June 18, 2015.

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated June 18, 2015, terminated with entry of the final judgment of the Supreme Court, Westchester County, dated April 22, 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 October 6, 2017, or by making a motion, on or before October 6, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a notice of appeal from so much of the judgment to the extent that it brings the order up for review (see CPLR 5501[a][1]), and to limit the issues raised by the appellant on the appeal from the judgment to the issues raised 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 appellant by regular mail.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court