Appellate Division: Second Judicial Department

M299367

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-08341, 2023-12416 104-22 Northern Lender LLC, plaintiff-respondent, v 104-22 NB, LLC, appellant, New York City Department of Housing Preservation and Development, et al., defendants-respondents. (Index No. 701039/2023)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Queens County, dated June 28, 2023, and October 23, 2023, respectively. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals.

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 appeal 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 June 28, 2023, and October 23, 2023, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered March 28, 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 October 21, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before October 21, 2024, for any relief deemed appropriate; 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 appeals by uploading a copy of this order to show cause to the NYSCEF system.

BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court