Appellate Division: Second Judicial Department

M277814

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2018-07979 Charles Andrew Salzberg, et al., appellants, v Kenneth Sena, et al., respondents, et al., defendant. (Index No. 50399/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated June 4, 2018. Motion by the respondents to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, 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 June 4, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Westchester County, entered March 15, 2019 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue via NYSCEF on or before July 23, 2021; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before July 23, 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, by uploading a copy of this order to show cause to the NYSCEF system.

RIVERA, J.P., HINDS-RADIX, MILLER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court