| U.S. Bank National Association v Hye Jin Kim |
| Motion No: 2018-10541 |
| Slip Opinion No: 2019 NY Slip Op 69583(U) |
| Decided on May 3, 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
M262445
E/mm
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2018-10541, 2018-10542
U.S. Bank National Association, etc., respondent, v Hye Jin Kim, appellant, et al., defendants. (Index No. 10769/15)
| ORDER TO SHOW CAUSE |
2019-04475, 2019-04476
U.S. Bank National Association, etc., respondent,
v Hye Jin Kim, appellant, et al., defendants.
(Index No. 10769/15)
Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, two entered November 6, 2017, and one entered January 10, 2019, and a judgment of the same court also entered January 10, 2019, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders entered November 6, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation 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 on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment (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 24, 2019, or, if the appellant be so advised, by making a motion, on or before May 24, 2019, to deem the record and the briefs filed in connection with the appeals from the orders entered November 6, 2017, 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 appeals, by regular mail.
BALKIN, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court