Appellate Division: Second Judicial Department

M310615

ID/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-08552, 2024-10577 Sherman Elliot, appellant-respondent, v MBS Mobile Boiler Systems, respondent- appellant, 2815 Beverly Road LLC, defendant- respondent. (Appeal No. 1) Sherman Elliot, appellant, v MBS Mobile Boiler Systems, et al., respondents. (Appeal No. 2) (Index No. 508186/2022)

ORDER TO SHOW CAUSE

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated June 5, 2024, and appeal from an interlocutory judgment of the same court dated July 26, 2024.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the cross-appeal in the above-entitled action on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated December 15, 2025 (see Matter of Aho, 39 NY2d 241) and/or on the ground it has been superceded by the judgment dated December 15, 2025, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before February 13, 2026; 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.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court