| Matter of Miller v New York State Division of Human Rights |
| Motion No: 2013-09326 |
| Slip Opinion No: 2014 NY Slip Op 71427(U) |
| Decided on May 7, 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. |
Appellate Division: Second Judicial Department
M173768
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
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2013-09326, 2014-00642, 2014-02613
In the Matter of Jerald Miller, appellant, v New York State Division of Human Rig et al., respondents. (Appeals Nos. 1 and 2) In the Matter of Jerald Miller, petitioner- respondent, v New York State Division of Human Rights, appellant, et al., responden (Appeal No. 3) (Index No. 10771/12)
| ORDER TO SHOW CAUSE hts, ts. |
Motion by Jerald Miller, inter alia, for leave to reargue his prior motion, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Kings County, dated July 24, 2013, and January 23, 2014, respectively, which was determined by decision and order on motion of this Court dated February 20, 2014, and to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the same court dated January 13, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition 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 from the order dated January 13, 2014, on the ground that the order dated January 13, 2014, is not appealable as of right as it is not the result of a motion made on notice (see CPLR 5701[a]), and leave to appeal has not been granted, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before May 29, 2014; and it is further,
ORDERED that the branch of the motion which is to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal from the order dated January 13, 2014, is held in abeyance in the interim; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
SKELOS, J.P., LOTT, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court