Appellate Division: Second Judicial Department

M264948

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-14575 James Martella, et al., respondents, v Yorker NY Realty, LLC, appellant, et al., defendants. (Index No. 135298/17)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay the sale of the subject premises and all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated November 5, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

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 dated November 5, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Richmond County, dated April 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 23, 2019, or, if the appellant be so advised, by making a motion, on or before August 23, 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; 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.

SCHEINKMAN, P.J., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court