Appellate Division: Second Judicial Department

M257394

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-10701, 2017-10702 Wells Fargo Bank, N.A., etc., respondent, v Maria Trupia, appellant, et al., defendants. (Index No. 61943/14)

ORDER TO SHOW CAUSE

2018-09442, 2018-09444

Wells Fargo Bank, N.A., etc., respondent,

v Maria Trupia, appellant, et al., defendants.

(Index No. 61943/14)

Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, two dated September 8, 2017, and one dated July 6, 2018, and an order and judgment (one paper) of the same court also dated July 6, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders dated September 8, 2017.

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 appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders 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 December 5, 2018, or, if the appellant be so advised, by making a motion, on or before December 5, 2018, to consolidate the appeals from the orders dated September 8, 2017, with the appeals from the order dated July 6, 2018, and the order and judgment, to deem the record and the parties' briefs filed in connection with the appeals from the orders dated September 8, 2017, to be filed in connection with the appeals from the appeals from the order dated July 6, 2018, and the order and judgment, and for leave to serve and file a supplemental record containing the order dated July 6, 2018, the order and judgment and the notice of appeal from the order dated July 6, 2018, and the order and 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 appeals by regular mail.

RIVERA, J.P., BALKIN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court