Appellate Division: Second Judicial Department

M250115

E/afa

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-13012 U.S. Bank Trust, N.A., etc., respondent, v Goeto Vanterpool, et al., appellants, et al., defendants. (Index No. 52849/16)

ORDER TO SHOW CAUSE

2018-04680

U.S. Bank Trust, N.A., etc., respondent,

v Goeto Vanterpool, et al., defendants;

Kimberly Richardson, nonparty-appellant.

(Index No. 52849/16)

2018-05170

U.S. Bank Trust, N.A., etc., respondent,

v Goeto Vanterpool, et al., appellants,

et al., defendants.

(Index No. 52849/16)

Motion by the appellants and nonparty-appellant to stay all proceedings in the above-entitled action and to stay the sale of the subject premises, pending hearing and determination of appeals from three orders of the Supreme Court, Dutchess County, dated November 28, 2017, February 20, 2018, and March 19, 2018, respectively, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 from the orders dated November 28, 2017, and February 20, 2018, on the ground that the right of direct appeal from the orders terminated upon entry of a judgment dated February 20, 2018, 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 June 6, 2018, or, if the appellants be so advised, by making a motion, on or before June 6, 2018, pursuant to CPLR 5512 and 5520(c) to deem the notices of appeal from the orders dated November 28, 2017, and February 20, 2018, to be notices of appeal from the judgment to the extent that the judgment brings up for review the orders; and it is further,

ORDERED that the motion by the appellants and nonparty-appellant 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court