Appellate Division: Second Judicial Department

M279207

E/sl

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2018-01184, 2018-01185 BNY Mellon, respondent, v John Barone, appellant. (Index No. 12076/2013)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Kings County, both dated October 3, 2017.

On the Court's own motion, it is

ORDERED that 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 appeals on the ground that the right of direct appeal from the orders dated October 3, 2017, terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Kings County, dated May 22, 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 October 20, 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 October 20, 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 via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court