Appellate Division: Second Judicial Department

M272119

SL/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-09201 Gerard Kick, etc., appellant, v Nesconset Center for Nursing and Rehabilitation, et al., respondents. (Index No. 18886/2009)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated December 4, 2017.

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 dated December 4, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, entered June 13, 2018 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before August 28, 2020; if the appellant be so advised, the appellant may make a motion, by uploading a digital copy of the motion, with proof of service thereof through the digital portal on this Court's website, on or before August 28, 2020, for any relief deemed appropriate with respect to this appeal; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of thisorder to show cause upon the parties to the appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court