Appellate Division: Second Judicial Department

M278587

E/mb

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2017-11561, 2018-01243, 2018-08310 HSBC Bank USA, NA, respondent, v Daniel L. Sharon, appellant, et al., defendants. (Index No. 7337/2015)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered April 30, 2018, and two orders of the same court entered September 12, 2017, and September 15, 2017, respectively. By order to show cause dated June 23, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with the decision and order on motion of this Court dated March 14, 2019.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that on the Court's own motion, the appeal from the order entered September 12, 2017, under Appellate Division Docket No. 2017-11561, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order entered September 12, 2017, under Appellate Division Docket No. 2017-11561, for failure to comply with the decision and order on motion of this Court dated March 14, 2019, is denied as academic; and it is further,

ORDERED that the motion to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated March 14, 2019, is otherwise denied.

AUSTIN, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court