| Town of Blooming Grove v Simon |
| Motion No: 2022-01270 |
| Slip Opinion No: 2025 NY Slip Op 69604(U) |
| Decided on May 23, 2025 |
| 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
M305353
AFA/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
PHILLIP HOM, JJ.
|
2022-01270 Town of Blooming Grove, etc., respondent, v Alan Simon, etc., et al., appellants. (Index No. 35668/2021)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Rockland County, dated February 15, 2022. The appellants perfected the appeal on November 17, 2022, and the respondent filed a brief on February 17, 2023. On February 4, 2025, counsel for the respondent responded to a status inquiry from this Court stating that there were no impediments to the calendaring of the appeal. The matter was placed on the calendar for May 20, 2025. On May 19, 2025, counsel for the appellants submitted a letter to this Court indicating, inter alia, that a judgment had been issued by the Supreme Court, Rockland County, in the above-entitled action on February 14, 2023.
On the Court's own motion, it is
ORDERED that 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 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 June 23, 2025; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before June 23, 2025, for any relief deemed appropriate; and it is further,
ORDERED that the appellants' counsel, Harris Beach Murtha Cullina PLLC, and the respondent's counsel, Feerick Nugent MacCartney PLLC, are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem just and appropriate, by serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before June 23, 2025; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system.
DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court