| Amrusi v Second Choice, LLC |
| Motion No: 2017-12871 |
| Slip Opinion No: 2019 NY Slip Op 82180(U) |
| Decided on October 18, 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
M266744
E/mb
WILLIAM F. MASTRO, J.P.
COLLEEN D. DUFFY
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2017-12871, 2018-10443 David Amrusi, respondent, v Second Choice, LLC, appellant, et al., defendants. (Index No. 507535/13)
| ORDER TO SHOW CAUSE |
Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated September 6, 2017, and July 9, 2018, respectively. Separate motion by the appellant, inter alia, to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motion, inter alia, to stay the foreclosure sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to extend the time to serve and file a reply brief and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, in the above-entitled action dated November 29, 2018 (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 November 8, 2019, or, if the appellant be so advised, by making a motion, on or before November 8, 2019, to consolidate the appeals from the orders with an appeal from the judgment, under Appellate Division Docket No. 2019-01386; and it is further,
ORDERED that the appellant's motion, inter alia, to stay the foreclosure sale of the subject premises is denied; and it is further,
ORDERED that the appellant's motion, inter alia, to extend the time to serve and file a reply brief 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, by regular mail.
MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court