Appellate Division: Second Judicial Department

M265652

E/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2018-07100 Bank of New York Mellon, etc., respondent, v David Roberts, appellant, et al., defendants. (Index No. 135124/13)

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, Richmond County, dated September 26, 2017.

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 September 26, 2017, terminated upon entry in the above-entitled action of an order and judgment of the Supreme Court, Richmond County, dated June 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 September 26, 2019, or, if the appellant be so advised, by making a motion, on or before September 26, 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.

MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court