Appellate Division: Second Judicial Department

M267700

E/mb

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-04126, 2018-04127 HSBC Bank USA, National Association, etc., respondent, v Cheryl DiBenedetti, et al., appellants, et al., defendants. (Index No. 61153/14)

ORDER TO SHOW CAUSE

2019-10054

HSBC Bank USA, National Association, etc.,

respondent, v Cheryl DiBenedetti, et al., appellants,

et al., defendants.

(Index No. 61153/14)

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, both dated January 30, 2018, and a judgment of the same court dated July 26, 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 appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders 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 original hard copy of an affirmation or an affidavit on that issue in the office of the Clerk of this Court and by electronically filing a digital copy of the same under Appellate Division Docket No. 2019-10054, on or before December 17, 2019, or, if the appellant be so advised, by making a motion, on or before December 17, 2019, for any relief deemed appropriate; and it is further,

ORDERED that the appellants' motion is held in abeyance in the interim; 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 New York State Courts Electronic Filing System.

RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court