Wells Fargo Bank, N.A. v Rooney
Motion No: 2015-10493
Slip Opinion No: 2019 NY Slip Op 62575(U)
Decided on February 7, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259976

E/mm

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON, JJ.

2015-10493

Wells Fargo Bank, N.A., respondent,

v Timothy M. Rooney, appellant,

et al., defendants.

(Index No. 10167/09)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Dutchess County, dated September 18, 2015.

On the Court's own motion, it is

ORDERED that the parties to the appeal are directed to show cause why an order should or should not be made and entered dismissing the appeal from the order dated September 18, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the Supreme Court, Dutchess County, dated April 4, 2016, 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 February 28, 2019; 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.

BALKIN, J.P., AUSTIN, LEVENTHAL and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court