Appellate Division: Second Judicial Department

M255016

E/mm

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2017-03422, 2017-03424 Nationstar Mortgage LLC, respondent, v Vincent Russo, et al., defendants, Denise Russo, appellant. (Index No. 43184/09)

ORDER TO SHOW CAUSE

2018-05749

Nationstar Mortgage LLC, respondent,

v Vincent Russo, appellant, et al., defendants.

(Index No. 43184/09)

Motion by the appellant Denise Russo on appeals from three orders of the Supreme Court, Suffolk County, two dated October 24, 2016, and one dated February 14, 2018, to stay enforcement of a judgment of the same court entered February 27, 2018, to enlarge the time to perfect the appeals from the orders dated October 24, 2016, to deem the notice of appeal from the order dated February 14, 2018, to reflect that she is the proper party appellant, and to consolidate the appeals from the orders dated October 24, 2016, with the appeal from the order dated February 14, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to stay enforcement of the judgment and to enlarge the time to perfect appeals from the orders dated October 24, 2016, are denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated October 24, 2016, are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the order dated February 14, 2018, to reflect that Denise Russo is the proper party appellant is granted (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that on the Court's own motion, the parties to the appeal from the order dated February 14, 2018, are directed to show cause before this Court why an order should or should not be made and entered dismissing that appeal on the ground that the right of direct appeal from the order dated February 14, 2018, terminated with entry of the judgment (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 28, 2018, or by making a motion, on or before September 28, 2018, pursuant to CPLR 5512(a) to deem the notice of appeal from the order dated February 14, 2018, to be a notice of appeal from the judgment to the extent that it brings that 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 that 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 from the order dated February 14, 2018, by regular mail.

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court