Appellate Division: Second Judicial Department

M264297

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04675 Shamel Crawford, respondent, v North Flats, LLC, et al., defendants third-party plaintiffs, et al., defendant; NBE Plumbing Corp., third-party defendant-appellant. (Index No. 13076/13)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated March 20, 2019, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal from an order of the Supreme Court, Kings County, dated February 3, 2016.

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 appeal has been rendered academic and/or on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated April 19, 2017 (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 August 12, 2019; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court