Appellate Division: Second Judicial Department

M297316

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2020-01464, 2020-01469 Axion Mgt LLC, et al., respondents, v United Korean Church of New York, appellant. (Index No. 2205/2017)

ORDER TO SHOW CAUSE

2023-01833

Axion Mgt LLC, et al., appellants, v United

Korean Church of New York, respondent.

(Index No. 2205/2017)

2023-02663

Axion Mgt LLC, et al., appellants-respondents,

v United Korean Church of New York,

respondent-appellant.

(Index No. 2205/2017)

2023-03597

Axion Mgt LLC, et al., respondents, v United

Korean Church of New York, appellant.

(Index No. 2205/2017)

Appeals from three orders of the Supreme Court, Kings County, dated October 4, 2019, October 2, 2019, February 15, 2023, respectively, and from a decision of the same court dated January 10, 2023, and appeal and cross-appeal from a judgment of the same court entered February 22, 2023. Motion by United Korean Church of New York to stay enforcement of the judgment, pending hearing and determination of the appeal from the judgment. Separate motion by United Korean Church of New York to consolidate the appeal from the decision dated January 10, 2023, the appeal and cross-appeal from the judgment entered February 22, 2023, and the appeal from the order dated February 15, 2023, and to extend the time to perfect those appeals.

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

ORDERED that the motion to stay enforcement of the judgment is granted, and enforcement of the judgment is stayed, pending hearing and determination of the appeal from the judgment; and it is further,

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the appeal from the order dated February 15, 2023, is dismissed on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment entered February 22, 2023 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeal from the decision dated January 10, 2023, the appeal and cross-appeal from the judgment entered February 22, 2023, and the appeal from the order dated February 15, 2023, and to extend the time to perfect the appeals from the decision and the order dated February 15, 2023, are denied as academic; 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 appeals from the orders dated October 4, 2019, and October 2, 2019, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the judgment entered February 22, 2023 (see Matter of Aho, 39 NY2d 241), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before July 26, 2024; if the parties be so advised, the parties may make a motion on or before July 26, 2024, for any relief deemed appropriate; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of the Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

DUFFY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court