Appellate Division: Second Judicial Department

M262441

E/mm

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-11869 Joseph Soffer, appellant, v US Bank, National Association, etc., respondent. (Index No. 513961/15)

ORDER TO SHOW CAUSE

2019-03336

US Bank, National Association, etc., respondent,

v Michaella Soffer, et al., defendants; Chaya Kramer,

et al., nonparty-appellants.

(Index No. 514909/15)

Motion by Joseph Soffer and Michaella Soffer to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 3, 2016, and to consolidate that appeal with an appeal from an order and judgment (one paper) of the same court dated January 2, 2019.

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

ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is granted and the foreclosure sale of the subject premises, located at 1217 President Street, Brooklyn, New York, is stayed pending hearing and determination of the appeal from the order dated September 3, 2016; and it is further,

ORDERED that the motion is otherwise 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 appeal from the order and judgment dated January 2, 2019, on the ground that Chaya Kramer and Dave Kramer, nonparties to this action who are named as the appellants named in the notice of appeal, are not aggrieved (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 24, 2019, or in the alternative, if Joseph Soffer and Michaella Soffer be so advised, to make a motion to deem the notice of appeal to reflect that they are the intended appellants (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before May 24, 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 by regular mail.

BALKIN, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court