| Amico v Lydia Realty Associates, LLC |
| Motion No: 2012-02375 |
| Slip Opinion No: 2012 NY Slip Op 94443(U) |
| Decided on December 21, 2012 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M148644
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-02375
Joseph C. Amico, respondent, v Lydia Realty Associates, LLC, appellant. (Index No. 10-12394)
| ORDER TO SHOW CAUSE |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 5, 2011, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order entered December 5, 2011, has been rendered academic in light of an order of the same court dated April 23, 2012, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before January 16, 2013; and it is further,
ORDERED that the respondent's motion is held in abeyance in the interim; 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 on the parties or their attorneys by regular mail.
DILLON, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court