Appellate Division: Second Judicial Department

M253755

E/mm

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2016-07603 Wells Fargo Bank, N.A., respondent, v Chaya Grosz, et al., appellants, et al., defendants. (Index No. 30/14)

ORDER TO SHOW CAUSE

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 19, 2016.

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 appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated May 19, 2016, terminated with entry of the final judgment of the Supreme Court, Nassau County, entered April 13, 2018 (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 August 28, 2018, or by making a motion, on or before January 31, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501[a][1]), and to limit the issues raised by the appellant on the appeal from the judgment to the issues raised in connection with the appeal from the order; and it is further,

ORDERED that the 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 appellant by regular mail.

RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court