2525-2537 Realty, LLC v Waghler Delvois
Motion No: 2013-01796 KC
Slip Opinion No: 2014 NY Slip Op 85512(U)
Decided on September 30, 2014
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

ORDER TO SHOW CAUSE

2013-1796 K C
2525-2537 Realty, LLC, Respondent, v Waghler Delvois, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 3, 2013. The order denied appellant's motion to vacate an income execution. Appellant's brief on appeal indicates that the income execution may have been satisfied.

On the court's own motion, it is

ORDERED that the parties are directed to show cause before this court why the above-entitled appeal should or should not be dismissed as academic, without prejudice to appellant's right to pursue his remedies for any overpayments, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 22, 2014; 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