Appellate Division: Second Judicial Department

M57713

S/cb

STEPHEN G. CRANE, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

DANIEL D. ANGIOLILLO, JJ.

2005-08260 In the Matter of Owens Road Associates, LLC, et al., appellants, v Town Board of Town of Goshen, et al., respondents. (Index No. 6963/04)

ORDER TO SHOW CAUSE

Appeal by the petitioners from an order of the Supreme Court, Orange County, dated August 3, 2005. The appeal was perfected on April 13, 2006; the respondents filed their brief on May 16, 2006, and the appellants filed a reply brief on May 30, 2006. On January 12, 2007, the attorney for the appellants was advised that the order was not appealable as of right (see CPLR 5701[b][1]), and that a supplemental record containing the judgment entered in the proceeding should be filed with this court. Personnel of this court made follow-up contacts with the appellants' attorney on February 26, 2007, and June 19, 2007. The appellants have not filed the supplemental record containing the judgment.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the order dated August 3, 2005, is not appealable as of right and the appellants have failed to file a supplemental record containing the judgment, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 17, 2007; 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 the parties or their attorneys.

CRANE, J.P., CARNI, McCARTHY and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court