Aurora Loan Service, LLC v Taylor
Motion No: 2023-07982
Slip Opinion No: 2025 NY Slip Op 61485(U)
Decided on January 29, 2025
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

M302457

AFA/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-07982

Aurora Loan Service, LLC, plaintiff,

v Monique Taylor, etc., et al., appellants,

et al., defendants; SYHO 57, LLC,

nonparty-respondent.

(Index No. 13735/2010)

ORDER TO SHOW CAUSE

2024-00236

SYHO 57, LLC, plaintiff,

v Monique Taylor, etc., et al., appellants,

et al., defendants; Deutsche Bank National Trust

Company Americas, etc., nonparty-respondent.

(Index No. 13735/2010)

2024-02639

Deutsche Bank National Trust Company

Americas, etc., plaintiff-respondent, v Monique

Taylor, etc., et al., appellants, et al., defendants.

(Index No. 13735/2010)

Appeals from two orders of the Supreme Court, Westchester County, dated July 21, 2023, and December 20, 2023, respectively, and an order and judgment (one paper) of the same court dated March 26, 2024. The appeals from the order dated December 20, 2023, and from the order and judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants for leave to serve and file a supplemental record containing certain material on the appeal from the order dated July 21, 2023.

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 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dismissing the appeal from the order dated July 21, 2023, on the grounds that the order dated July 21, 2023, was superseded by the order dated December 20, 2023, and/or that the right of direct appeal from the order dated July 21, 2023, terminated upon entry in the above-entitled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, on or before February 28, 2025; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before February 28, 2025, for any relief deemed appropriate; and it is further,

ORDERED that the motion by the appellants is held in abeyance in the interim; 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.

GENOVESI, J.P., BRATHWAITE NELSON, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court