Appellate Division: Second Judicial Department

M272806

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-12307 Diane Carone, respondent, v St. George Theater Restoration, Inc., appellant. (Index No. 100263/2013)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Richmond County, dated October 26, 2016.

On the Court's own motion, it is

ORDERED that the parties 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 October 26, 2016, terminated upon entry in the above-entitled action of an amended judgment of the Supreme Court, Richmond County, dated June 21, 2018 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before October 5, 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 October 5, 2020, for any relief deemed appropriate with respect to the amended judgment; and it is further,

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

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court