Gohari v Shavolian
Motion No: 2022-03111
Slip Opinion No: 2024 NY Slip Op 67243(U)
Decided on May 6, 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

M295886

KS/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-03111

Ebrahim Gohari, et al., appellants,

v Dan Shavolian, et al., respondents.

(Index No. 16274/2011)

ORDER TO SHOW CAUSE

2024-00126, 2024-02881

Ebrahim Gohari, et al., appellants,

v Dan Shavolian, et al., respondents.

(Index No. 16274/2011)

Appeals from an order of the Supreme Court, Nassau County, dated March 25, 2022, from an unsigned transcript of the proceedings of the same court, which occurred on September 20, 2023, and from a judgment of the same court dated September 28, 2023.

On the Court's own motion, it is

ORDERED that the appeal from the unsigned transcript is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v Metropolitan Playhouse, Inc., 120 AD2d 717); and it is further,

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 appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (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 June 6, 2024; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before June 6, 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.

DUFFY, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court