Appellate Division: Second Judicial Department

M250591

E/rr

2016-10638, 2016-10639 Wells Fargo Bank, N.A., respondent, v Brian Burke, et al., defendants, Lisa Burke, appellant. (Index No. 11403/11)

ORDER TO SHOW CAUSE

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated May 25, 2016, to stay enforcement of a judgment of the same court entered December 20, 2016, pending hearing and determination of the appeals from the orders.

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 appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment entered December 20, 2016 (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 12, 2018, or, if the appellant be so advised, by making a motion, on or before June 12, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice 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 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.

ENTER:

Aprilanne Agostino

Clerk of the Court