Appellate Division: Second Judicial Department

M254569

E/mm

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-09234 Keith B. Greene, appellant, v Kevin Greene, et al., defendants, (Index No. 510212/14)

ORDER TO SHOW CAUSE

Motion by the defendant New York Community Bancorp, Inc., to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 1, 2018.

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, Keith B. Greene and New York Community Bancorp, Inc., are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the party identified as the appellant in the notice of appeal is not aggrieved by the order dated June 1, 2018 (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before September 17, 2018, or, if New York Community Bancorp, Inc., be so advised, to make a motion to deem the notice of appeal to reflect that it is the proper party appellant (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before September 17, 2018; 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 Keith B. Greene and New York Community Bancorp, Inc., by regular mail.

SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court