Appellate Division: Second Judicial Department

M298907

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2023-02963 Melissa Silla, respondent, v Thomas Silla, etc., appellant. (Index No. 504935/2022)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated March 9, 2023. Motion by the appellant, inter alia, to strike the respondent's brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, 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 March 9, 2023, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, entered May 19, 2023 (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 October 4, 2024; and it is further,

ORDERED that the appellant's motion 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 appeal by uploading a copy of this order to show cause to the NYSCEF system.

DILLON, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court