Appellate Division: Second Judicial Department

M290641

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2020-05162 Metropolitan Life Insurance Company, plaintiff, v Gui Qin Chen, respondent-appellant, Sau Wan Cheung, appellant-respondent. (Index No. 701722/2018)

ORDER TO SHOW CAUSE

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated June 11, 2020. Motion by the appellant-respondent, in effect, to withdraw the appeal and to dismiss the cross-appeal on the ground that the appeal and cross-appeal have been rendered academic.

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 are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal on the ground that the right of direct appeal from the order dated June 11, 2020, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered March 14, 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 November 27, 2023; if the parties be so advised, the parties may make a motion, via NYSCEF, on or before November 27, 2023, for any relief deemed appropriate; and it is further,

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

ORDERED that the Acting Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal and cross-appeal by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court