| Bank of New York Mellon v Swift |
| Motion No: 2018-00885 |
| Slip Opinion No: 2020 NY Slip Op 63504(U) |
| Decided on February 25, 2020 |
| 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
M269852
kbp/
RUTH C. BALKIN, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2018-00885
Bank of New York Mellon, etc., respondent, v John R. Swift, et al., appellants, et al., defendant. (Index No. 59016/15)
| ORDER TO SHOW CAUSE |
2019-04781
Bank of New York Mellon, etc., respondent,
v John R. Swift, et al., appellants, et al., defendant.
(Index No. 59016/15)
Motion by the appellants to consolidate an appeal from an order of the Supreme Court, Westchester County, dated October 2, 2017, with an appeal from an order and judgment (one paper) of the same court entered March 1, 2019. Application by the appellants to extend the time to perfect the appeal from the order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.6[a][1]); and it is further,
ORDERED that the application is granted, the appellants' time to perfect the appeal from the order and judgment is extended until March 26, 2020, and the record or appendix on the appeal from the order and judgment and the appellants' brief shall be served and filed on or before that date; 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 appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and 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 March 17, 2020, or, if the appellants be so advised, by making a motion, on or before March 17, 2020, for any relief deemed appropriate; 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.
BALKIN, J.P., DUFFY, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court