Appellate Division: Second Judicial Department

M286418

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2021-06881 Marsha Higgins, appellant-respondent, v Robert E. Miles, et al., defendants-respondents, Sonya T. Silvera, respondent-appellant. (Index No. 522750/2018)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 19, 2021. Motion by the defendants-respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and the cross appeal on the ground that the right of direct appeal from the order dated August 19, 2021, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated September 16, 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 January 13, 2023; if the appellant-respondent or respondent-appellant be so advised, they may make a motion, via NYSCEF, on or before January 13, 2023, for any relief deemed appropriate; and it is further,

ORDERED that the defendants-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.

DUFFY, J.P., MALTESE, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court