Appellate Division: Second Judicial Department

M264025

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-05684 PennyMac Corp., respondent, v Raymond Sellitti, etc., appellant. (Index No. 605048/17)

ORDER TO SHOW CAUSE

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered March 14, 2019, in effect, to stay enforcement of an order and judgment (one paper) of the same court entered March 15, 2019, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order.

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 appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order entered March 14, 2019, terminated upon entry of the order and 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 July 29, 2019, or, if the appellant be so advised, by making a motion, on or before July 29, 2019, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the order and judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that the appellant's motion is held in abeyance ion 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.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court