Appellate Division: Second Judicial Department

M254245

E/mm

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-02313 Wells Fargo Bank, National Association, etc., respondent, v Joel Sucher, et al., appellants, et al., defendants. (Index No. 61311/15)

ORDER TO SHOW CAUSE

Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated February 3, 2017, and to hold the appeal in abeyance until the appellants retain counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that on the Court's own motion, the appellants are 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 February 3, 2017, terminated with entry of the final judgment of the Supreme Court, Westchester County, dated April 18, 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 September 7, 2018, or by making a motion, on or before September 7, 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 appellants 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 Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellants by regular mail.

CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court