| Matter of Gallagher v City of New York |
| Motion No: 2005-11057 |
| Slip Opinion No: 2006 NYSlipOp 69065(U) |
| Decided on May 22, 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
M39868
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-11057 In the Matter of Kevin P. Gallagher, respondent, v City of New York, et al., appellants. (Index No. 11217/04)
| ORDER TO SHOW CAUSE |
Appeal by City of New York, Fire Department of City of New York, and Nicholas Scoppetta, as Commissioner of the Fire Department of City of New York, from an order of the Supreme Court, Kings County, dated August 2, 2005.
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 made and entered dismissing the above-entitled appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[b][1]), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before June 9, 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 parties or their attorneys.
ADAMS, J.P., SANTUCCI, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court