| Wilmington Savings Fund Society, FSB v Misir |
| Motion No: 2018-13153 |
| Slip Opinion No: 2020 NY Slip Op 66723(U) |
| Decided on June 1, 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
M271093
E/sl
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
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2018-13153 Wilmington Savings Fund Society, FSB, etc., respondent, v Chaitram Misir, etc., appellant, et al., defendants. (Index No. 611879/17)
| ORDER TO SHOW CAUSE |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 3, 2018, to stay enforcement of a judgment of the same court entered December 10, 2019, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order dated October 3, 2018. Separate motion by the respondent to extend the time to serve and file a brief in connection with the appeal from the order dated October 3, 2018.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation 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 October 3, 2018, terminated upon entry in the above-entitled action of a judgment entered December 10, 2019 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before July 1, 2020, or, if the appellant be so advised, by making a motion, by uploading a digital copy of the motion, with proof of service thereof through the digital portal on this Court's website, on or before July 1, 2020, for any relief deemed appropriate; and it is further,
ORDERED that the respondent's motion is held in abeyance in the interim; and it is further,
ORDERED that the appellant's motion is denied, without prejudice to renew upon the rescheduling of the foreclosure sale; 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 appeal by regular mail.
AUSTIN, J.P., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court