Appellate Division: Second Judicial Department

M249484

E/afa

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

HECTOR D. LASALLE, JJ.

2016-01107 North Shore Investors Realty Group, LLC, respondent, v Steven J. Traina, et al., appellants. (Index No. 609050/15)

ORDER TO SHOW CAUSE

2017-08044

North Shore Investors Realty Group, LLC,

respondent, v Steven J. Traina, et al.,

appellants.

(Index No. 609050/15)

2018-05094

North Shore Investors Realty Group, LLC,

plaintiff, v Steven J. Traina, et al.,

defendants.

(Index No. 609050/15)

Motion by Steven J. Traina and Diane C. Traina to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated January 15, 2016, and April 5, 2017, respectively, and for leave to appeal to this Court from the order dated April 5, 2017, and a judgment of the same court entered December 13, 2017. Separate motion by Steven J. Traina and Diane C. Traina to stay enforcement of the judgment, to stay all proceedings in the above-entitled action, and to stay the sale of the subject premises, pending hearing and determination of the appeals from the orders dated January 15, 2016, and April 5, 2017.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from the order dated April 5, 2017, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the judgment is denied without prejudice to filing a notice of appeal in accordance with CPLR 5513; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the motion to stay enforcement of the judgment, to stay all proceedings in the above-entitled action, and to stay the sale of the subject premises is denied without prejudice to renew after Steven J. Traina and Diane C. Traina take an appeal from the judgment in accordance with CPLR 5513; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals from the orders dated January 15, 2016, and April 5, 2017, are directed to show cause before this Court why an order should or should not be made and entered dismissing those appeals on the ground that the right of direct appeal from those orders terminated upon entry of the judgment 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 May 30, 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 to the appeals by regular mail.

SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court