| Wells Fargo Bank v Savory |
| Motion No: 2018-08911 |
| Slip Opinion No: 2019 NY Slip Op 81418(U) |
| Decided on October 10, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M266496
E/sl
LEONARD B. AUSTIN, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-08911 Wells Fargo Bank, respondent, v Victor Savory, appellant, et al., defendants. (Index No. 505512/15)
| ORDER TO SHOW CAUSE |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 12, 2016, on the ground that the record on appeal is inadequate and contains matter dehors the record, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant, inter alia, in effect, for leave to serve and file a replacement record on appeal.
Upon the papers filed in support of the motions 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 dated May 12, 2016, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated November 15, 2017 (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, pursuant to CPLR 5512(a) to deem the notice of appeal from the order to be a notice of appeal from the judgment, to deem the record and the appellant's brief filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the respondent's motion and the appellant's motion are 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