| BP3 Capital LLC v 5120 Realty Corp |
| Motion No: 2023-04352 |
| Slip Opinion No: 2025 NY Slip Op 74507(U) |
| Decided on August 15, 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
M307272
AFA/
COLLEEN D. DUFFY, J.P.
LARA J. GENOVESI
LINDA CHRISTOPHER
CARL J. LANDICINO, JJ.
|
2023-04352, 2023-04356 BP3 Capital LLC, plaintiff-respondent, v 5120 Realty Corp., appellant, Wing Fung Chau, et al., defendants-respondents. (Index No. 516846/2021)
| ORDER TO SHOW CAUSE |
Appeals from two orders of the Supreme Court, Kings County, both dated March 20, 2023.
On the Court's own motion, it is
ORDERED that 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 on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated January 22, 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 September 15, 2025; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before September 15, 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 by uploading a copy of this order to show cause to the NYSCEF system.
DUFFY, J.P., GENOVESI, CHRISTOPHER and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court