Phillips v Isaiah Owens Funeral Service, Inc.
Motion No: 2013-10340
Slip Opinion No: 2014 NY Slip Op 69475(U)
Decided on April 15, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M172631

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-10340, 2013-10343

Glenda Phillips, respondent, v Isaiah Owe

Funeral Service, Inc., et al., appellants, et a

defendants.

(Index No. 30258/06)

ORDER TO SHOW CAUSE
ns
l.,

Separate applications by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens, and the appellants Joseph Fleming, Esq., P.C., and estate of Joseph Fleming pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Kings County, dated September 17, 2013, and a judgment of the same court dated September 30, 2013.

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

ORDERED that on the Court's own motion, the appeals from the decision (Appellate Division Docket No. 2013-10340) are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

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 from the judgment insofar as taken by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens in the above-entitled action on the ground that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511), 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 May 7, 2014; and it is further,

ORDERED that the applications are denied as academic with respect to the appeals from the decision and held in abeyance in the interim with respect to the appeals from the judgment; 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 by regular mail.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court