Feinberg v L & E International Ltd.
Motion No: 2020-08149
Slip Opinion No: 2023 NY Slip Op 67626(U)
Decided on May 26, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289235

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-08149

Samuel Feinberg, respondent,

v L & E International Ltd., appellant.

(Index No. 618169/2019)

DECISION & ORDER ON MOTION

2022-07278

Samuel Feinberg, respondent-appellant,

v L & E International Ltd., appellant-respondent.

(Index No. 618169/2019)

Appeal from an order of the Supreme Court, Nassau County, dated September 29, 2020, and appeal and cross appeal from a judgment of the same court, dated August 16, 2022. The appeal and cross appeal from the judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a).

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (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 26, 2023; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before June 26, 2023, 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 appeal by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court