of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

ORDER TO SHOW CAUSE

Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 28, 2016, which, among other things, granted respondent's motion for summary judgment.

On the court's own motion, it is

ORDERED that 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 on the ground that the right of direct appeal from the order entered April 28, 2016 terminated with the entry of a judgment of the Civil Court, Queens County on October 19, 2016 (see Matter of Aho, 39 NY2d 241, 248 [1976]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 16, 2018, or by making a motion, on or before November 16, 2018 to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501 [a] [1]), and to limit the issues raised by appellants on the appeal from the judgment to the issues raised in connection with the appeal from the summary judgment order; and it is further,

ORDERED that the Clerk of this Court or his designee is directed to serve a copy of this order to show cause upon the parties to the appeal by regular mail.

It is noted that inasmuch as appellants failed to appeal from any of the orders entered subsequent to the summary judgment order, they may only raise issues concerning that order.

ENTER:

Paul Kenny

Chief Clerk