Appellate Division: Second Judicial Department

M256596

E/mm

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-06962, 2017-06965, 2017-06966 Wells Fargo Bank, National Association, plaintiff, v Douglas P. Bedry, et al., appellants, et al., defendan U.S. Bank N.A., etc., nonparty-respondent. (Index No. 22120/10)

ORDER TO SHOW CAUSE ts;

Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, dated July 23, 2014, August 25, 2015, and April 5, 2017, respectively, to stay enforcement of a judgment of the same court entered April 24, 2017, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders.

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 appellant's motion is denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon 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 November 13, 2018, or, if the appellant be so advised, by making a motion, on or before November 13, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders 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 Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties to the appeals by regular mail.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court