Appellate Division: Second Judicial Department

M190750

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-08414, 2014-08416 Jason McKnight, respondent, v Ohio Casualty Insurance Company, et al., appellants, et al., defendants. (Index No. 101224/11)

ORDER TO SHOW CAUSE

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Richmond County, dated April 9, 2014, and an order of the same court dated May 30, 2014.

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 appeal from the decision is 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 order dated May 30, 2014, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), 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 6, 2015; and it is further,

ORDERED that the application is denied as academic with respect to the appeal from the decision and otherwise 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 upon the parties by regular mail.

ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court