| Val Partnership, LLC v Metropolitan Cleaners, Inc. |
| Motion No: 2011-02374 kc |
| Slip Opinion No: 2012 NY Slip Op 76285(U) |
| Decided on June 8, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
ORDER TO SHOW CAUSE
| Val Partnership, LLC Also Known as Val, LLC, Appellant, v Metropolitan Cleaners, Inc., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 8, 2011. Respondent has submitted a brief on appeal in which it argues that appellant may not maintain this appeal because appellant accepted the benefit of the order appealed from by accepting a cashier's check for $27,400. Appellant has submitted a reply brief which fails to address respondent's contention.
Now, on the court's own motion, it is
ORDERED that the parties address respondent's allegation and show cause before this court why the above-entitled appeal should not be dismissed on the ground that appellant has waived its right to appeal (see Harris v Resnikoff, 18 AD2d 622 [1986]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 2, 2012; 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' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk