| Greenpoint Mortgage Funding v Fischetti |
| Motion No: 2023-06636 |
| Slip Opinion No: 2025 NY Slip Op 63447(U) |
| Decided on February 26, 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. |
Appellate Division: Second Judicial Department
M303112
AFA/
ANGELA G. IANNACCI, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
JAMES P. MCCORMACK, JJ.
|
2023-06636 Greenpoint Mortgage Funding, respondent, v Joseph M. Fischetti, etc., et al., appellants, et al., defendants. (Index No. 28574/2007)
| ORDER TO SHOW CAUSE |
2024-12022
Greenpoint Mortgage Funding, respondent,
v Joseph M. Fischetti, etc., et al., appellants,
et al., defendants.
(Index No. 28574/2007)
2025-01256
Greenpoint Mortgage Funding, respondent,
v Joseph M. Fischetti, etc., et al., appellants,
et al., defendants.
(Index No. 28574/2007)
Appeals from two orders of the Supreme Court, Suffolk County, dated October 25, 2021, and September 9, 2024, respectively, and a judgment of the same court dated September 9, 2024. Motion by the appellants to stay the sale of the subject property, pending hearing and determination of the appeal from the order dated October 25, 2021.
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 appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the 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 March 28, 2025; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before March 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.
IANNACCI, J.P., FORD, VOUTSINAS and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court