Appellate Division: Second Judicial Department

M266494

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-12216 U.S. Bank, N.A., etc., respondent, v Jeffrey Dicker, etc., appellant, et al., defendants. (Index No. 23772/08)

ORDER TO SHOW CAUSE

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 19, 2017, on the ground that the appellant is not aggrieved by the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 from the order dated September 19, 2017, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk 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 October 31, 2019, or, if the appellant be so advised, by making a motion, on or before October 31, 2019, to deem the record and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the order and judgment, under Appellate Division Docket No. 2019-05533, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; and it is further,

ORDERED that the 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.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court