Appellate Division: Second Judicial Department

M279663

AFA/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-04193 Claire Pare, etc., appellant, et al., plaintiff, v Paul Pare, et al., respondents, et al., defendants. (Index No. 152003/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Richmond County, dated May 12, 2020. 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 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 entered May 12, 2020, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Richmond County, dated April 26, 2021 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before November 18, 2021; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before November 18, 2021, for any relief deemed appropriate; and it is further,

ORDERED that the respondents' motion is held in abeyance in the interim; 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.

HINDS-RADIX, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court