Appellate Division: Second Judicial Department

M228680

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-12289, 2016-09716, 2016-09717 B & R Mechanical, Inc., respondent, v Oak Ridge Hollow, LLC, et al., appellants. (Index No. 36643/12)

ORDER TO SHOW CAUSE

Appeals by the defendants from two orders of the Supreme Court, Suffolk County, dated November 19, 2015, and August 15, 2016, respectively, and a decision and order (one paper) of the same court dated August 5, 2016.

On the Court's own motion, it is

ORDERED that the appellants are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that any right of direct appeal from the orders dated November 19, 2015, and August 15, 2016, and the decision and order dated August 5, 2016, terminated with entry of the final judgment entered September 26, 2016, (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 April 27, 2017, or by making a motion, on or before April 27, 2017, pursuant to CPLR 5520(c) to deem the notice of appeal from the decision and order dated August 5, 2016, to be a premature notice of appeal from the final judgment entered September 26, 2016; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court