Appellate Division: Second Judicial Department

M257438

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ANGELA G. IANNACCI, JJ.

2017-08014 Bank of New York Mellon Corporation, etc., respondent, v Jacqueline Fortune, appellant, et al., defendants. (Index No. 36245/12)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated July 5, 2017.

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

ORDERED that the motion is denied; 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 on the ground that the right of direct appeal from the order dated July 5, 2017, terminated upon entry of a judgment of the Supreme Court, Rockland County, dated January 25, 2018, in the above-entitled action (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 6, 2018, or, if the appellant be so advised, by making a motion, on or before December 6, 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 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.

MASTRO, J.P., LEVENTHAL, SGROI and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court