Appellate Division: Second Judicial Department

M261172

E/mm

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2015-12415 U.S. Bank National Association, etc., respondent, v Edward McEntee, etc., et al., appellants, et al., defendants. (Index No. 7580/13)

ORDER TO SHOW CAUSE

Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 15, 2015.

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

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered September 15, 2015, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, entered November 30, 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 April 9, 2019, or, if the appellant be so advised, by making a motion, on or before April 9, 2019, to deem the record and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, under Appellate Division Docket No. 2019-00812, and for leave to serve and file a supplemental record containing the judgment, and the notice of appeal from the judgment; and it is further,

ORDERED that the appellants' 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, by regular mail.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court