Appellate Division: Second Judicial Department

M304704

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-02171 Island Endoscopy Center, LLC, et al., respondents- appellants, Noel D'Silva, plaintiff-respondent, v Rajiv Saxena, appellant-respondent. (Index No. 9867/2015)

ORDER TO SHOW CAUSE

2024-03899

Island Endoscopy Center, LLC, et al., respondents-

appellants, Noel D'Silva, plaintiff-respondent, v

Rajiv Saxena, appellant-respondent.

(Index No. 9867/2015)

Appeals and cross-appeals from an order of the Supreme Court, Suffolk County, dated February 23, 2021, and a judgment of the same court dated December 18, 2023. The appeal and cross-appeal from the judgment have been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

On the Court's own motion, it is

ORDERED that the parties to the appeals and cross-appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-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 May 28, 2025; if the parties be so advised, they may make a motion, via NYSCEF, on or before May 28, 2025, 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 and cross-appeals by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court