Appellate Division: Second Judicial Department

M266950

E/mb

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-10901, 2018-10904 U.S. Bank National Association, etc., respondent, v Roger Rowe, appellant, et al., defendants. (Index No. 611113/16)

ORDER TO SHOW CAUSE

2019-08823

US Bank National Association, etc., respondent,

v Roger Rowe, et al., appellants, et al., defendants.

(Index No. 611113/16)

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated October 17, 2019, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant Roger Rowe on appeals from two orders of the Supreme Court, Suffolk County, both dated June 26, 2018, to stay enforcement of a judgment of the same court entered July 11, 2019. Separate motion by the appellant Roger Rowe on appeals from an order of the Supreme Court, Suffolk County, dated July 5, 2019, to stay enforcement of the judgment entered July 11, 2019.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals 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 from the orders terminated upon entry in the above-entitled action of the judgment (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 12, 2019, or, if the appellants be so advised, by making a motion, on or before November 12, 2019, for any relief deemed appropriate (see CPLR 5512, 5520); and it is further,

ORDERED that service of this order to show cause upon the parties to the appeal will be effected by uploading a copy of this order to show cause to the electronic filing system; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief in connection with the appeals from the orders dated June 26, 2018, is extended until December 12, 2019, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court