Appellate Division: Second Judicial Department

M275647

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2017-11465 Timothy Fulton, respondent, v John Kelly, et al., defendants, Michael Cholowsky, appellant. (Index No. 20501/2010)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, entered September 11, 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 entered September 11, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered December 11, 2019 (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 March 22, 2021; 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 March 22, 2021, for any relief deemed appropriate; 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 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.

MASTRO, A.P.J., RIVERA, DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court