Kairey v Hirsch
Motion No: 2020-09236
Slip Opinion No: 2024 NY Slip Op 61373(U)
Decided on January 29, 2024
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

M293874

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2020-09236

Elizabeth M. Kairey, appellant,

v Elliot M. Hirsch, respondent.

(Index No. 53206/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated December 8, 2020.

On the Court's own motion, it is

ORDERED that 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 dated December 8, 2020, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated July 26, 2023 (see Matter of Aho, 39 NY2d 241), by each uploading an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before February 28, 2024; if the appellant be so advised, the appellant may make a motion, on or before February 28, 2024, for any relief deemed appropriate; and it is further,

ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email and by regular mail.

BARROS, J.P., WOOTEN, FORD and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court