Appellate Division: Second Judicial Department

M273288

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

PAUL WOOTEN, JJ.

2017-09722 Deutsche Bank National Trust Company, etc., respondent, v Robert Goldstone, appellant, et al., defendants. (Index No. 9488/2014)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, entered January 4, 2017. Motion by the appellant to stay all proceedings in the above-entitled action and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

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 entered January 4, 2017, terminated upon entry in the above-entitled action of an amended judgment of the Supreme Court, Nassau County, entered March 9, 2018 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before October 28, 2020; if the appellant be so advised, the appellant may make 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 October 28, 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 appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

BALKIN, J.P., COHEN, MALTESE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court