| Village of Briarcliff Manor v Estate of Mark Goodson |
| Motion No: 2006-06975 |
| Slip Opinion No: 2007 NYSlipOp 60834(U) |
| Decided on January 11, 2007 |
| 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
M49159
S/sl
HOWARD MILLER, J.P.
STEVEN W. FISHER
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2006-06975
Village of Briarcliff Manor, plaintiff-respondent, v Estate of Mark Goodson, et al., defendants- respondents; William B. Thompson, intervenor- appellant. (Index No. 98-03020)
| ORDER TO SHOW CAUSE |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 23, 1998.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be made and entered dismissing the appeal on the grounds that (1) the appeal was untimely taken (see CPLR 5513), and (2) the appellant is not aggrieved by the order dated November 23, 1998, as he was not a party to the underlying proceedings, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before January 26, 2007; and it is further,
ORDERED that the application to enlarge time is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court