Appellate Division: Second Judicial Department

M289217

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2019-08661 Michael Torkin, respondent, v Heather Susac, appellant. (Index No. 70488/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated June 21, 2019. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an amended judgment of the same court dated December 23, 2021, and to impose sanctions upon the appellant.

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or should not be made and entered dismissing the appeal on the ground that the order dated June 21, 2019, has been superseded by an order of the Supreme Court, Westchester County, dated March 28, 2022, by uploading a digital copy of an affirmation or an affidavit on that issue, via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 branch of the respondent's motion which is to dismiss the appeal is held in abeyance in the interim; and it is further,

ORDERED that the branch of the respondent's motion which is to impose sanctions upon the appellant is denied; 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.

DILLON, J.P., CHRISTOPHER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court