Appellate Division: Second Judicial Department

M254595

E/mm

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-10422 Nationstar Mortgage, LLC, respondent v Charmaine Yap, appellant, et al., defendants. (Index No. 6512/14)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 16, 2017.

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 to the appeal 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 August 16, 2017, terminated with entry of the final judgment of the Supreme Court, Queens County, entered January 25, 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 18, 2018, or by making a motion, on or before September 18, 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 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., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court