Appellate Division: Second Judicial Department

M257977

E/afa

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-06698, 2018-06699 Caliber Home Loans, Inc., respondent, v Victor Estrada, appellant, et al., defendants. (Index No. 6161/16)

ORDER TO SHOW CAUSE

Motion by the appellant to stay all proceedings in the above-entitled action and the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered December 18, 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 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 entered December 18, 2017, terminated upon entry of a judgment of the Supreme Court, Nassau County, entered September 11, 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 26, 2018, or, if the appellant be so advised, by making a motion, on or before December 26, 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; 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.

MASTRO, J.P., DUFFY, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court