Appellate Division: Second Judicial Department

M263121

E/mm

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-03611 Goshen Mortgage, LLC, respondent, v Jan Giertl, appellant. (Index No. 5771/16)

ORDER TO SHOW CAUSE

2018-06734

Goshen Mortgage, LLC, respondent,

v Jan Giertl, appellant.

(Index No. 5771/16)

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered January 5, 2018, and March 12, 2018, respectively, and to consolidate the appeals.

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 a judgment in the above-entitled action entered December 24, 2018 (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 20, 2019, or, if the appellant be so advised, by making a motion, on or before June 20, 2019, to deem the records and the briefs filed in connection with the appeals from the orders dated January 5, 2018, and March 12, 2018, 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 appellant's motion 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, by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court