Appellate Division: Second Judicial Department

M279182

E/mb

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

LARA J. GENOVESI, JJ.

2019-11267 Dana J. Berger, appellant, v Jason Mazzarone, et al., respondents. (Index No. 616162/2017)

ORDER TO SHOW CAUSE

2021-05806

Dana J. Berger, appellant,

v Jason Mazzarone, et al., respondents.

(Index No. 616162/2017)

Appeals from an order of the Supreme Court, Suffolk County, dated August 28, 2019, and a judgment of the same court entered June 25, 2021. Motion by the appellant, inter alia, in effect, to stay enforcement of the judgment and the release of certain money held in escrow, pending hearing and determination of the appeal from the judgment.

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 appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated August 28, 2019, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue via NYSCEF on or before October 15, 2021; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before October 15, 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 appeals, by uploading a copy of this order to show cause to the NYSCEF system.

AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court