Appellate Division: Second Judicial Department

M265435

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-05767 Deutsche Bank National Trust Company, etc., respondent, v Iris Flores, appellant, et al., defendants. (Index No. 12287/13)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 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 March 5, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered May 9, 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 September 13, 2019, or, if the appellant be so advised, by making a motion, on or before September 13, 2019, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with an appeal from the judgment, under Appellate Division Docket No. 2019-09013; 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 from the order by regular mail.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court