Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 15, 2026

2025-00167, 151498/2021

Francesca E. Connolly, J.P.

Deborah A. Dowling

Lillian Wan

Susan Quirk, JJ.

[*1]

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Richmond County, dated November 15, 2024. Motion by the appellants to leave to serve and file a replacement reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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Court why an order should or should not be made and entered dismissing the appeal on the ground that the order has been superseded by an order of the same court dated September 4, 2025, and/or on the ground that the right of direct appeal from the order dated November 15, 2024, terminated upon entry in the above-entitled action of a judgment of the same court dated September 29, 2025 (see Matter of Aho, 39 NY2d 241), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 15, 2026; and it is further,

ORDERED that the motion by the appellants is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of the Court, or his 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.

CONNOLLY, J.P., DOWLING, WAN and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court