Appellate Division: Second Judicial Department

M294931

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-01769 U.S. Bank National Association, etc., respondent, v RIY Realty LLLC, appellant, et al., defendants. (Index No. 518629/2020)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated December 14, 2021. Motion by the appellant, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED on the Court's own motion, 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 on the ground that the right of direct appeal from the order dated December 14, 2021, terminated upon entry in the above-entitled action of a judgment of the same court entered July 3, 2023 (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 April 15, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before April 15, 2024, for any relief deemed appropriate; and it is further,

ORDERED that the Clerk of the Court, or his 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.

IANNACCI, J.P., GENOVESI, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court