Appellate Division: Second Judicial Department

M267802

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-10962 Freedom Mortgage Corporation, respondent, v Denise Granger, appellant, et al., defendants. (Index No. 15625/10)

ORDER TO SHOW CAUSE

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 30, 2018.

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 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 April 30, 2018, terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Kings County, dated August 16, 2019 (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 on or before December 23, 2019, or, if the appellant be so advised, by making a motion, on or before December 23, 2019, for any relief deemed appropriate (see CPLR 5520[c]); and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show upon the parties to the appeal by regular mail.

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court