Appellate Division: Second Judicial Department

M248857

E/afa

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-03487 Onewest Bank FSB, respondent v Vivian Phillips, et al., defendants, Priscilla Maddox, appellant. (Index No. 5956/10)

ORDER TO SHOW CAUSE

Motion by the appellant, in effect, to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 13, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition 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 in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 9, 2018; 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.

RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court