WELLS FARGO BANK, N.A. v. BENDER

Index No. 705570/13, Motion No. 2015-04708, M229369.

2017 NY Slip Op 70387(U)

WELLS FARGO BANK, N.A., Respondent, v. GEORGE J. BENDER, Appellant, ET AL., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.


Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered April 8, 2015, to stay enforcement of a judgment of foreclosure of the same court dated April 6, 2017, pending hearing and determination of the appeal from the order.

ORDER TO SHOW CAUSE

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

ORDERED that the motion 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 on the ground that the right of direct appeal from the order terminated with entry of the final judgment dated April 6, 2017, in the above-entitled action (see Matter of Aho, 39 N.Y.2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 4, 2017, or, if the appellant be so advised, by making a motion, on or before May 4, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from those portions of the judgment which bring the order up for review (see CPLR 5501[a][1]), to deem the brief filed in connection with the appeal from the order to be the brief filed in connection with the appeal from the judgment, and to limit the issues raised on the appeal from the judgment to the issues raised in the appellant's brief filed in connection with the appeal from the order; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.


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