Appellate Division: Second Judicial Department

M249727

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2016-10130, 2017-04595, 2017-08693 Globe Trade Capital, LLC, respondent, v Thomas J. Hoey, Jr., et al., appellants, et al., defendants. (Index No. 8495/14)

ORDER TO SHOW CAUSE

Renewed motion by the appellants, inter alia, to stay the sale of the subject premises, pending hearing and determination of appeals from three orders of the Supreme Court, Nassau County, entered August 10, 2016, March 21, 2017, and July 6, 2017, respectively. Separate motion by the respondent, in effect, to direct the appellants to correct the record by replacing page 286, and to include certain documents which were omitted from the record, and to strike stated portions of the record on the ground that they contain matter dehors the record.

Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of a judgment in the above-entitled action on September 5, 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 May 24, 2018, or, if the appellant be so advised, by making a motion, on or before May 24, 2018, pursuant to CPLR 5520(c) to deem the notices of appeal from the orders to be premature notices of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment; and it is further,

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

ORDERED that the respondent'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.

DILLON, J.P., SGROI, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court