Appellate Division: Second Judicial Department

M306212

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2021-09540 Seaview at Amagansett, Ltd., et al., plaintiffs, Ocean Estates Property Owners Association, Inc., respondent, v Trustees of the Freeholders and Commonality of the Town of East Hampton, et al., defendants, Town of East Hampton, defendant-appellant; Kathee Burke-Gonzalez, et al., nonparty-appellants. (Index No. 34714/2009)

ORDER TO SHOW CAUSE

2022-05504

Seaview at Amagansett, Ltd., et al., respondents,

et al., plaintiffs, v Trustees of the Freeholders and

Commonality of the Town of East Hampton, et al.,

appellants, et al., defendants.

(Index No. 34714/2009)

2023-05377

Seaview at Amagansett, Ltd., et al., respondents,

et al., plaintiffs, v Trustees of the Freeholders and

Commonality of the Town of East Hampton, et al.,

appellants, et al., defendants.

(Index No. 34714/2009)

2024-04770

Seaview at Amagansett, Ltd., et al., respondents,

et al., plaintiffs, v Trustees of the Freeholders and

Commonality of the Town of East Hampton, et al.,

appellants, et al., defendants.

(Index No. 34714/2009)

2024-09416

Seaview at Amagansett, Ltd., et al., respondents,

et al., plaintiffs, v Trustees of the Freeholders and

Commonality of the Town of East Hampton, et al.,

appellants, et al., defendants.

(Index No. 34714/2009)

Appeals from three orders of the Supreme Court, Suffolk County, dated December 20, 2021, June 30, 2022, and May 11, 2023, respectively, and two judgments dated February 24, 2024, and June 25, 2024, respectively. The appeal by Trustees of the Freeholders and Commonality of the Town of East Hampton from the judgment dated February 24, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent Ocean Estates Property Owners Association, Inc., pursuant to CPLR 5519(c) to vacate any automatic stay of enforcement of the order dated June 30, 2022.

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 appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the grounds that the orders were superceded by the judgment dated February 24, 2024 and/or the judgment dated June 25, 2024, and/or that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment dated February 24, 2024, and/or the judgment dated and June 25, 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 July 30, 2025; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before July 30, 2025, for any relief deemed appropriate; and it is further,

ORDERED that the motion by the respondent Ocean Estates Property Owners Association, Inc., 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.

IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court