Appellate Division: Second Judicial Department

M63195

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-03143 Miguel Pena, appellant, v Precision Elevator Corp., et al., respondents. (Index No. 5459/06)

ORDER TO SHOW CAUSE

Motion by the respondents, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Kings County, dated March 6, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 above-entitled appeal on the ground that the appeal has been rendered academic by a determination of the Workers' Compensation Board dated November 16, 2007, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before January 4, 2008, and the motion, in effect, to hold the appeal in abeyance 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., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court