| Wells Fargo Bank, NA v Benitez |
| Motion No: 2018-03006 |
| Slip Opinion No: 2019 NY Slip Op 63912(U) |
| Decided on February 22, 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. |
Appellate Division: Second Judicial Department
M260404
E/sl
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2018-03006, 2018-03007
Wells Fargo Bank, NA, respondent, v Veronica Benitez, etc., appellant, et al., defendants. (Index No. 15433/13)
| ORDER TO SHOW CAUSE |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated December 10, 2017, and December 11, 2017, respectively.
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 from the orders dated December 10, 2017, and December 11, 2017, on the ground that the right of direct appeal from the orders terminated upon entry of a judgment in the above-entitled action dated November 20, 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 March 15, 2019, or, if the appellants be so advised, by making a motion, on or before March 15, 2019, pursuant to CPLR 5512 to deem the notices of appeal from the orders to be a notice of appeal from the judgment to the extent that an appeal from the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders 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 appeals by regular mail.
LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court