Appellate Division: Second Judicial Department

M265913

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-03869 Wilmington Savings Fund Society, FSB, etc., respondent, v Jeffrey Novis, appellant, et al., defendants. (Index No. 11781/11)

ORDER TO SHOW CAUSE

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action and, in effect, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 1, 2019.

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 February 1, 2019, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, entered May 30, 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 October 10, 2019, or, if the appellant be so advised, by making a motion, on or before October 10, 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 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.

SCHEINKMAN, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court