Appellate Division: Second Judicial Department

M180527

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08733 Marie Moffett-Knox, appellant, v Anthony's Windows on the Lake, Inc., et al., respondents. (Index No. 31166/06)

ORDER TO SHOW CAUSE

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated July 16, 2013. The appellant perfected the appeal on April 3, 2014. The respondents filed a brief on July 2, 2014, and the appellant filed a reply brief on July 24, 2014.

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

ORDERED that the parties are directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated July 16, 2013, has been superseded by a judgment of the Supreme Court, Suffolk County, entered July 31, 2013, and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241), or in the alternative, deeming the notice of appeal from the order dated July 16, 2013, to be a notice of appeal from the judgment entered July 31, 2013 (see CPLR 5512), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before November 21, 2014; and it is further,

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

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court