Appellate Division: Second Judicial Department

M262329

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-10273 Deutsche Bank National Trust Co., etc., respondent, v James Masters, appellant, et al., defendants. (Index No. 12217/09)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, entered June 10, 2016.

On the Court's own motion, it is

ORDERED that 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 terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated January 19, 2017 (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 May 21, 2019, or, if the appellant be so advised, by making a motion, on or before May 21, 2019, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from the judgment under Appellate Division Docket No. 2018-12130, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), 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, 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 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court