Appellate Division: Second Judicial Department

M286502

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

BARRY E. WARHIT, JJ.

2019-13765 Wells Fargo Bank, NA, respondent, v Ronald Pace, et al., appellants, et al., defendants. (Index No. 241/2015)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated September 10, 2019. Motion by the appellants to stay all proceedings in the above-entitled action, including the foreclosure sale of the subject property, 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 dismissed for failure to pay the motion filing fee (see CPLR 8022[b]); 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 datred September 10, 2019, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated September 19, 2019 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before January 18, 2023; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before January 18, 2023, 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 by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., WOOTEN, ZAYAS and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court