Appellate Division: Second Judicial Department

M269563

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2018-10092, 2018-10094 Capital One, N.A., respondent, v Yury Gokhberg, et al., appellants, et al., defendants. (Index No. 503995/13)

ORDER TO SHOW CAUSE

Motion by the appellants to stay all proceedings in the above-entitled action, and to stay the foreclosure sale, the conveyance, or the encumbrance of any interest in the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, both dated December 26, 2017.

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 on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered July 29, 2019 (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 March 5, 2020, or, if the appellants be so advised, by making a motion, on or before March 5, 2020, 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 the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeals by regular mail.

SCHEINKMAN, P.J., RIVERA, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court