Appellate Division: Second Judicial Department

M308779

AFA/

ROBERT J. MILLER, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-09483, 2023-09484 Goshen Mortgage LLC, etc., respondent, v Jan Giertl, appellant, et al., defendant. (Index No. 5771/2016)

ORDER TO SHOW CAUSE

2024-03456

Map Real Estate LLC, respondent, v Jan

Giertl, et al., appellants.

(Index No. 5771/2016)

Appeals from two orders of the Supreme Court, Nassau County, both dated July 10, 2023, and a judgment of the same court dated April 2, 2024. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Margolin, Weinreb & Nierer, LLP for leave to withdraw as counsel for the respondent on the appeals from the orders.

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

ORDERED that the motion is granted and on or before November 12, 2025, Margolin, Weinreb & Nierer, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that on or before January 12, 2026, the respondent shall advise this Court, in writing, of the name and address of new counsel, or its brief will be stricken without further notice; and it is further,

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 ground that the right of direct appeal from the orders dated July 10, 2023, terminated upon entry in the above-entitled action of the judgment of the same court dated April 2, 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 January 12, 2026; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before January 12, 2026, 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 appeal by uploading a copy of this order to show cause to the NYSCEF system.

MILLER, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court