Appellate Division: Second Judicial Department

M138633

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-11151 ORDER TO SHOW CAUSE Christopher Constantino, et al., respondents, v Dock's Clam Bar and Pasta House, et al., appellants-respondents, Tottenville Commons, et al., defendants third-party plaintiffs-respondents- appellants, Luigi Esposito, third-party defendant- respondent. (Index No. 101036/06)

Appeal by Clam Bar Restaurant, Inc., doing business as Dock's Clam Bar, incorrectly sued herein as Dock's Clam Bar and Pasta House, Trisha Leo, incorrectly sued herein as Trich Leo, and Kim Wiszniewski, incorrectly sued herein as Kim Leo (hereinafter the Dock's appellants) and cross appeal by Tottenville Commons, LLC, incorrectly sued herein as Tottenville Commons, and John Noce (hereinafter the Tottenville appellants) from an order of the Supreme Court, Richmond County, dated October 24, 2011. Application by the Dock's appellants to withdraw their appeal. Separate application by the Tottenville appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.

Upon the papers filed in support of the application by the Dock's appellants and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application by the Tottenville appellants and the papers filed in opposition thereto, it is

ORDERED that the application by the Dock's appellants is granted, and their appeal is deemed withdrawn, without costs or disbursements; and it is further,

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 by the Tottenville appellants on the ground that the above-entitled action has been settled and the appeal by the Tottenville appellants has been rendered academic, 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 July 3, 2012; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail; and it is further,

ORDERED that the application by the Tottenville appellants is held in abeyance in the interim.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court