| Deutsche Bank National Trust Company v Ezeji |
| Motion No: 2017-07166 |
| Slip Opinion No: 2018 NY Slip Op 91607(U) |
| Decided on December 24, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M258553
E/sl
HECTOR D. LASALLE, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
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2017-07166 Deutsche Bank National Trust Company, etc., respondent, v Verna Ezeji, appellant, et al., defendant. (Index No. 8474/11)
| ORDER TO SHOW CAUSE |
Motion by the respondent to direct the appellant to serve and file a supplemental record containing certain material on an appeal from an order of the Supreme Court, Nassau County, dated April 26, 2017, and to extend the time to serve and file a brief.
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 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 26, 2017, terminated upon entry of a judgment of the Supreme Court, Nassau County, entered August 13, 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 January 14, 2019, or, if the appellant be so advised, by making a motion, on or before January 14, 2019, 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 appellant's 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 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 appeal by regular mail.
LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court