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Appellate Division, Second Department: December 5, 2018

Appellate Division, Second Department: December 5, 2018

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Motion List released on:December 5, 2018

By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Citibank, N.A., res, v. Peshe Porges, appellant def — Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 6, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the parties to the appeal 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 December 6, 2017, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the above-entitled action on December 29, 2017 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 31, 2018, or, if the appellant be so advised, by making a motion, on or before December 31, 2018, pursuant to CPLR 5512 to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that an appeal from the judgment brings up for review the order, to deem the record and the parties’ briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment; 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 to the appeal by regular mail.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.

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