HSBC Bank USA, N.A. v Watson
Motion No: 2018-08065
Slip Opinion No: 2021 NY Slip Op 76202(U)
Decided on December 17, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M280605

MB/

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2018-08065, 2019-00777

HSBC Bank USA, N.A., etc., plaintiff-respondent,

v Beverly Watson, defendant-respondent, Michael

Watson, appellant.

(Index No. 13100/2009)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Nassau County, entered March 9, 2018, and October 24, 2018, respectively. Motion by the appellant to stay enforcement of a judgment of the same court entered March 9, 2018, pending hearing and determination of the appeals from the orders.

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 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 entered March 9, 2018, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue through the digital portal on this Court's website on or before January 18, 2022; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before January 18, 2022; if the appellant be so advised, the appellant may make a motion, on or before January 18, 2022, for any relief deemed appropriate; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail.

CHAMBERS, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court