Wells Fargo Bank, N.A. v Vaughan
Motion No: 2023-08235
Slip Opinion No: 2024 NY Slip Op 69245(U)
Decided on June 10, 2024
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

M296963

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-08235

Wells Fargo Bank, N.A., respondent,

v Jason Vaughan, et al., appellants,

et al.., defendants.

(Index No. 1988/2015)

ORDER TO SHOW CAUSE

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 14, 2023. Motion by the appellants, inter alia, in effect, to stay the sale of the subject property, pending hearing and determination of the appeal. Separate motion by the appellants to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion, inter alia, in effect, to stay the sale of the subject property 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 in the above-entitled action on the ground that the appellants are not aggrieved and/or on the ground that that no appeal lies from an order and judgment entered upon the consent of the appealing party (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before July 10, 2024; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

IANNACCI, J.P., WOOTEN, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court