Appellate Division: Second Judicial Department

M257736

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-05598 Board of Managers of Hillcroft Townhouse Condominium, respondent, v Malcom Barnard, et al., appellants. (Index No. 53068/16)

ORDER TO SHOW CAUSE

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2018, to stay enforcement of a judgment of the same court dated April 5, 2018, pending hearing and determination of the appeal from the order and to extend the time to perfect the appeal from the order.

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

ORDERED that the branch of the motion which is to stay enforcement of the judgment 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 April 5, 2018, terminated upon entry of the judgment dated April 5, 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 December 17, 2018, or, if the appellants be so advised, by making a motion, on or before December 17, 2018, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal 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.

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court