Appellate Division: Second Judicial Department

M307993

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

SUSAN QUIRK, JJ.

2024-12879 Medtech Systems, Inc., plaintiff/counterclaim defendant, v Metropolitan Public Strategies, Inc., defendant/counterclaim plaintiff/third-party plaintiff -respondent; Prasad Chalasani, third-party defendant- appellant, et al., third-party defendants. (Index No. 708723/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated October 8, 2024. Motion by Prasad Chalasani, in effect, to deem the notice of appeal to reflect that Prasad Chalasani is the appealing party, to extend the time to perfect the appeal, and for waiver of costs, fees, and expenses. Cross-motion by the respondent to dismiss the purported appeal by Medtech Sytstems, Inc. on the ground that Medtech Systems, Inc., failed to appear by an attorney (see CPLR 321[a]).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal to reflect that Prasad Chalasani is the appealing party is granted, the notice of appeal is deemed to reflect that Prasad Chalasani is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the cross-motion by the respondent is denied as academic; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter on the ground that Prasad Chalasani is not aggrieved by the order (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before October 20, 2025; if a self-represented party is unable to use NYSCEF, they may instead file a copy of an affirmation or affidavit, with proof of service thereof through the digital portal on this Court's website, via email at [email protected], or via regular mail addressed to the Clerk of this Court on or before October 20, 2025; and it is further,

ORDERED that the branches of the motion by Prasad Chalasani which are to extend the time to perfect the appeal and for waiver of costs, fees, and expenses are held in abeyance in the interim; 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 upon counsel by uploading a copy of this order to show cause to the NYSCEF system, and upon Prasad Chalasani, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

BARROS, J.P., WARHIT, VOUTSINAS and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court