| Foxen Company v Irish Pub, Ltd. |
| Motion No: 2006-02401 |
| Slip Opinion No: 2006 NYSlipOp 65087(U) |
| Decided on March 15, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37196
S/sl
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-02401
Foxen Company, respondent, v Irish Pub, Ltd., et al., appellants. (Index No. 13362-04)
| ORDER TO SHOW CAUSE |
Appeal by Irish Pub Ltd. and John Bermingham from an order of the Supreme Court, Nassau County, entered January 4, 2006.
Now, 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 entered dismissing the appeal on the ground that the defendants are not aggrieved by an order entered upon their default in opposing the motion which resulted in the order entered January 4, 2006 (see Marino v Termini, 4 AD3d 342), by each filing an affidavit or affirmation on that issue with the office of the Clerk of this court on or before March 31, 2006; 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 on the attorney's for the parties.
RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court