Appellate Division: Second Judicial Department

M80807

S/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-00312, 2007-09820 Grace Eames, et al., appellants, v Town of Smithtown, et al., respondents. (Index No. 31743-96)

ORDER TO SHOW CAUSE

Appeals by the plaintiffs from (1) an order of the Supreme Court, Suffolk County, dated September 8, 2006, and (2) a judgment of the same court dated September 4, 2007. The appeal from the order dated September 8, 2006, was perfected in July 2007. The appeal from the judgment has not been perfected.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered (1) dismissing the appeal from the order dated September 8, 2006, on the ground that it has been superseded by the judgment dated September 4, 2007, and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and (2) dismissing the appeal from the judgment for failure to timely perfect (see 22 NYCRR 670.8[e]), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before January 23, 2009; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court