Wilmington Trust Company v Fischer
Motion No: 2020-06950
Slip Opinion No: 2024 NY Slip Op 65023(U)
Decided on March 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

M295339

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-06950

Wilmington Trust Company, etc., appellant,

v James H. Fischer, respondent, et al., defendants.

(Index No. 609904/2018)

ORDER TO SHOW CAUSE

2022-05345, 2022-05346

Wilmington Trust Company, etc., respondent,

v James H. Fischer, appellant, et al., defendants.

(Index No. 609904/2018)

2023-04878

Wilmington Trust Company, etc., respondent,

v James H. Fischer, appellant, et al., defendants.

(Index No. 609904/2018)

Appeals from four orders of the Supreme Court, Suffolk County, dated August 3, 2020, May 12, 2022, (two orders) and May 2, 2023, respectively.

On the Court's own motion, it is

ORDERED that 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 right of direct appeal from the orders dated August 3, 2020, May 12, 2022, and May 2, 2023, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, dated March 5, 2024 (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 April 29, 2024; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before April 29, 2024, for any relief deemed appropriate; 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.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court