Appellate Division: Second Judicial Department

M295060

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2023-01840, 2023-01841 1746 E13 Street, LLC, et al., respondents, v Itomor Khaimov, appellant. (Index No. 525824/2019)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Kings County, dated January 5, 2023, and an amended order of the same court dated January 24, 2023, respectively. Motion by the appellant, inter alia, to stay enforcement of the order dated January 5, 2023, the amended order dated January 24, 2023, and an interlocutory judgment of the same court dated February 1, 2023.

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 appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the order dated January 5, 2023, and the amended order dated January 24, 2023, were superseded by the interlocutory judgment dated February 1, 2023, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before April 19, 2024; and it is further,

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

ORDERED that the 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.

DUFFY, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court