| Wells Fargo Bank, National Association v Ballard |
| Motion No: 2017-01239 |
| Slip Opinion No: 2018 NY Slip Op 86479(U) |
| Decided on October 18, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M256616
E/afa
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-01239 Wells Fargo Bank, National Association, respondent, v Joseph Ballard, appellant, et al., defendants. (Index No. 709085/15)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause dated October 16, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated September 1, 2016, enforcement of a judgment of the same court dated July 2, 2018, all proceedings in the above-entitled action, and the sale of the subject premises, pending hearing and determination of an appeal from the order.
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 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 September 1, 2016, terminated upon entry of the judgment dated July 2, 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 November 8, 2018, or, if the appellant be so advised, by making a motion, on or before November 8, 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 the judgment brings up for review the order, to deem the record and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the appellant's 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 parties to the appeal by regular mail.
LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court