Appellate Division: Second Judicial Department

M170085

S/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-08440 Palmana Realty Corp., et al., respondents-appellants, v Mansour Zandieh, et al., defendants, Capital One Construction, Inc., et al., appellants-respondents, Langan Engineering & Environmental Services, respondent (and third-party actions). (Index No. 7063/08)

DECISION & ORDER ON MOTION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Queens County, dated June 29, 2013.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, 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 appeals by Capital One Construction, Inc., and Enviromental Bulkheading Corp., on the ground that the appellants-respondents are not aggrieved by the order dated June 29, 2013 (see CPLR 5701; Mixon v TBV, Inc., 76 AD3d 144), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 28, 2014; and it is further,

ORDERED that the application is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion on the parties or their attorneys by regular mail.

SKELOS, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court