Appellate Division: Second Judicial Department

M100609

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2008-09554 Elsayed Eldoh, plaintiff-respondent, v Astoria Generating Company, L.P., et al., defendants third-party/second third-party plaintiffs-appellants, AAR Power Services, Inc., defendant-appellant, AAR Engine Components Services, defendant/third-party defendant-appellant, et al., third-party/second third-party defendants. (Index No. 2984/04)

ORDER TO SHOW CAUSE

Separate appeals by Astoria Generating Company, L.P., Orion Power Holdings, Inc., Orion Power New York G.P. II, Inc., Reliant Resources, Inc., and Reliant Energy, Inc., and by AAR Power Services, Inc., and AAR Engine Components Services from an order of the Supreme Court, Kings County, dated September 2, 2008. By decision and order on motion of this court dated March 15, 2010, the appeals were held in abeyance pending determination by the Supreme Court, Kings County, of motions to renew the motions that were determined by the order dated September 2, 2008. The parties have advised this court that the motions to renew were determined by order of the Supreme Court, Kings County, dated March 2, 2010.

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 appeals on the ground that the appeals have been rendered academic by the order of the Supreme Court, Kings County, dated March 2, 2010, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 30, 2010; 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 by regular mail.

MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court