Appellate Division: Second Judicial Department

M262746

E/mm

ROBERT J. MILLER, J.P.

HECTOR D. LASALLE

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-12698 DLJ Mortgage Capital, Inc., v Alex T. Christie, et al., appellants, et al., defendants. (Index No. 2750/13)

ORDER TO SHOW CAUSE

2019-03757, 2019-03758

DLJ Mortgage Capital, Inc.,

v Alex T. Christie, et al., appellants,

et al., defendants.

(Index No. 2750/13)

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered October 30, 2017, and January 28, 2019, respectively, and a judgment of the same court entered January 28, 2019, to stay enforcement of the judgment and all proceedings in the above-entitled action, pending hearing and determination of the appeals, and to extend the time to serve and file a reply brief in connection with the appeal from the order entered October 30, 2017.

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 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 therefrom 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 June 6, 2019, or, if the appellant be so advised, by making a motion, on or before June 6, 2019, to deem the record and the briefs filed in connection with the appeal from the order entered October 30, 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 branch of the appellants' motion which is to stay enforcement of the judgment and all proceedings in the above-entitled action is held in abeyance in the interim; and it is further,

ORDERED that the branch of the appellants' motion which is to extend the time to serve and file a reply brief is denied; 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.

MILLER, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court