Countrywide Home Loans, Inc. v Vittorio
Motion No: 2017-04386
Slip Opinion No: 2019 NY Slip Op 75751(U)
Decided on July 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264628

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2017-04386

Countrywide Home Loans, Inc., respondent,

v Nicholas Vittorio, appellant, et al., defendants.

(Index No. 11399/08)

ORDER TO SHOW CAUSE

Motion by the appellant to stay all proceedings in the above-entitled action and the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 10, 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 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 10, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated March 4, 2019 (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 August 12, 2019, or, if the appellant be so advised, by making a motion, on or before August 12, 2019, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, 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 judgment, and for leave to serve and file a supplemental record containing 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 to the appeal by regular mail.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court