Appellate Division: Second Judicial Department

M233118

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2015-08959 Valley Forge Insurance Company, et al., appellants-respondents, v ACE American Insurance Company, respondent-appellant, et al., defendants. (Index No. 34306/07)

ORDER TO SHOW CAUSE

Motion by the respondent-appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 17, 2015.

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 and cross appeal on the ground that the right of direct appeal from the order terminated with entry of a judgment of the Supreme Court, Kings County, entered December 19, 2016, in the above-entitled action (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 July 10, 2017; 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.

CHAMBERS, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court