U.S. Bank National Association v Barbot
Motion No: 2019-00405
Slip Opinion No: 2022 NY Slip Op 72143(U)
Decided on September 21, 2022
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

M285013

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-00405

U.S. Bank National Association, respondent,

v Journette Barbot, appellant, et al., defendant.

(Index No. 700452/2018)

ORDER TO SHOW CAUSE

2020-02006

U.S. Bank National Association, respondent,

v Journette Barbot, appellant, et al., defendants.

(Index No. 700452/2018)

Appeals from an order of the Supreme Court, Queens County, dated November 8, 2018, and an order and judgment (one paper) of the same court, dated January 10, 2020. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a).

On the Court's own motion, it is

ORDERED that 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 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 uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before October 21, 2022; if the appellant be so advised, the appellant may make a motion, via NYSCEF, if applicable, or, if NYSCEF is not mandated by uploading a digital copy thereof, with proof of service, through the digital portal on this Court's website, on or before October 21, 2022, 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.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court