Opinion
2019-11267 2021-05806 Index 616162/2017 616162/2017
09-15-2021
Dana J. Berger, appellant, v. Jason Mazzarone, et al., respondents. Dana J. Berger, appellant, v. Jason Mazzarone, et al., respondents.
M279182 E/mb
LEONARD B. AUSTIN, J.P. SYLVIA O. HINDS-RADIX BETSY BARROS LARA J. GENOVESI, JJ.
ORDER TO SHOW CAUSE
Appeals from an order of the Supreme Court, Suffolk County, dated August 28, 2019, and a judgment of the same court entered June 25, 2021. Motion by the appellant, inter alia, in effect, to stay enforcement of the judgment and the release of certain money held in escrow, pending hearing and determination of the appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; 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 appeal from the order dated August 28, 2019, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 N.Y.2d 241), by filing an affirmation or an affidavit on that issue via NYSCEF on or before October 15, 2021; if the appellant be so advised, the appellant may make a motion via NYSCEF, on or before October 15, 2021, for any relief deemed appropriate; and it is further, ORDERED that the Clerk of the Court, or her 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.
AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.