Appellate Division: Second Judicial Department

M293185

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-09942 Town of Brookhaven, respondent, v Martin H. Burden, etc., appellant. (Index No. 611180/2022)

ORDER TO SHOW CAUSE

2023-09943

Town of Brookhaven, respondent,

v Martin H. Burden, etc., appellant.

(Index No. 611180/2022)

Appeals from an order of the Supreme Court, Suffolk County, dated October 4, 2023, and an order and judgment (one paper) of the same court dated October 25, 2023, respectively. Motion by the appellant to stay enforcement of the order and the order and judgment, pending hearing and determination of the appeals.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the parties to the appeals 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the appeal from the order dated October 4, 2023, on the ground that the order dated October 4, 2023, has been superseded by the order and judgment dated October 25, 2023, or on the grounds that the appeals have been rendered academic, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before January 22, 2024; 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 appeals by uploading a copy of this order to show cause to the NYSCEF system.

CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court