| Deflorio v County of Nassau |
| Motion No: 2021-02234 |
| Slip Opinion No: 2024 NY Slip Op 75912(U) |
| Decided on October 7, 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. |
Appellate Division: Second Judicial Department
M299782
AFA/
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.
|
2021-02234 Susan M. Deflorio, respondent, v County of Nassau, et al., appellants. (Index No. 602141/2017)
| ORDER TO SHOW CAUSE |
2024-04183
Susan M. Deflorio, respondent,
v County of Nassau, appellant.
(Index No. 602141/2017)
Appeals from an order of the Supreme Court, Nassau County, dated March 15, 2021, and a judgment of the same court dated January 19, 2024. Motion by the appellant to stay the appeal from the judgment, pending hearing and determination of the appeal from the order, and to extend the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the appeal from the judgment, pending hearing and determination of the appeal from the order, is denied; 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 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 November 6, 2024; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before November 6, 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, 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., CHAMBERS, TAYLOR and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court