Appellate Division: Second Judicial Department

M256827

E/mm

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-11396 Wachovia Mortgage, FSB, etc., respondent, v Michael Ilonze, etc., et al., appellants, et al., defendants. (Index No. 9594/08)

ORDER TO SHOW CAUSE

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered April 16, 2018.

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 motion is dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause; 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 in the above-entitled action on the ground that no appeal lies from a judgment entered upon the default of the appealing party (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 November 16, 2018; 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.

DILLON, J.P., BALKIN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court