Appellate Division: Second Judicial Department

M240374

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-08540 Onewest Bank, F.S.B., respondent, v Guy De Chimay, also known as Guy De Chimay, also known as Guy Dechimay, et al., defendants; 687 Salem Court, nonparty-appellant. (Index No. 61057/14)

ORDER TO SHOW CAUSE

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2017, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

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 on the ground that the right of direct appeal from the order terminated with entry of the final judgment dated April 28, 2017, in the above-entitled action (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 November 20, 2017, or, if the nonparty-appellant be so advised, by making a motion, on or before November 20, 2017, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the judgment; 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 by regular mail.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court