Appellate Division: Second Judicial Department

M289083

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

LILLIAN WAN, JJ.

2022-09864 Vincent Bertault, appellant, v Jotas Corp., respondent. (Index No. 601169/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 1, 2022. Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED 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 terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, dated January 31, 2023 (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 June 20, 2023; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before June 20, 2023, for any relief deemed appropriate; and it is further,

ORDERED that the appellant's 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.

CONNOLLY, J.P., GENOVESI, FORD and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court