| Wells Fargo Bank, N.A. v Kowalski |
| Motion No: 2018-12839 |
| Slip Opinion No: 2019 NY Slip Op 69584(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
M262444
E/mm
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2018-12839, 2018-12840
Wells Fargo Bank, N.A., respondent, v Akadiusz Kowalski, et al., appellants, et al., defendant. (Index No. 8543/16)
| ORDER TO SHOW CAUSE |
Motion by the appellants, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered June 13, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 on the ground that the right of direct appeal from the orders entered June 13, 2018, terminated upon entry of a judgment of the Supreme Court, Nassau County, entered January 7, 2019, in the above-entitled action (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, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and 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 motion by the appellants 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 to the appeal by regular mail.
BALKIN, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court