Appellate Division: Second Judicial Department

M299619

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2023-00653, 2023-00656 U.S. Bank Trust, N.A., respondent, v Nancyann Cook, etc., appellant, et al., defendants. (Index No. 623179/2018)

ORDER TO SHOW CAUSE

2024-00115

U.S. Bank Trust, N.A., etc., respondent,

v Nancyann Cook, etc., appellant,

et al., defendants.

(Index No. 623179/2018)

2024-01086

U.S. Bank Trust, N.A., etc., respondent,

v Nancyann Cook, etc., appellant,

et al., defendants.

(Index No. 623179/2018)

2024-01399

U.S. Bank Trust, N.A., etc., respondent,

v Nancyann Cook, etc., appellant,

et al., defendants.

(Index No. 623179/2018)

2024-01400, 2024-01401

U.S. Bank Trust, N.A., etc., respondent,

v Nancyann Cook, etc., appellant,

et al., defendants.

(Index No. 623179/2018)

Appeals from five orders of the Supreme Court, Suffolk County, dated October 24, 2022 (two orders), September 12, 2023, and dated January 30, 2024 (two orders), from the denial of an application to sign an order to show cause of the same court which occurred on January 30, 2024, and from an order and judgment (one paper) of the same court dated September 12, 2023, respectively. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals. Motion by the respondent to dismiss the appeal from the denial of the application to sign an order to show cause which occurred on January 30, 2024, on the ground that no appeal lies from the denial of an application to sign an order to show cause.

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

ORDERED that the motion by the appellant to stay the sale of the subject property pending hearing and determination of the appeals is denied; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal from the denial of the application to sign an order to show cause which occurred on January 30, 2024, is granted, and that appeal is dismissed, without costs or disbursements, (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated October 24, 2022, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment dated September 12, 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 October 30, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before October 20, 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 appeals by uploading a copy of this order to show cause to the NYSCEF system.

IANNACCI, J.P., MALTESE, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court