Appellate Division: Second Judicial Department

M309055

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2024-11596 Benjamin Pena, appellant, v 227 East 45 LLC, et al., defendants/third-party plaintiffs-respondents, MDB Development Corp., defendant-respondent, et al., defendant; Everest Scaffolding Inc., third-party defendant-respondent, et al., third-party defendant. (Index No. 513093/2019)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated August 11, 2024. Motion by the respondents 227 East 45 LLC and A & E Television Networks, LLC to dismiss the appeal on the ground that it has been rendered academic. Motion by the respondent Everest Scaffolding Inc., to dismiss the appeal on the ground that it has been rendered academic. Motion by the respondent MDB Development Corp., to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondents 227 East 45 LLC and A & E Television Networks, LLC to extend the time to serve and file a brief. Separate motion by the respondent Everest Scaffolding Inc., to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, 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 an order and judgment (one paper) of the same court dated September 2, 2025 (see Matter of Aho, 39 NY2d 241) and/or on the ground it has been superceded by the order and judgment, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 3, 2025; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before December 3, 2025, for any relief deemed appropriate; and it is further,

ORDERED that the motions are 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., GENOVESI, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court