| 420 Clinton, LLC v Margaret Lumsden |
| Motion No: 2013-00474 KC |
| Slip Opinion No: 2015 NY Slip Op 82163(U) |
| Decided on August 7, 2015 |
| 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. |
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
| 420 Clinton, LLC, Appellant, v Margaret Lumsden, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2012. The order granted respondent's motion to stay the execution of the warrant on condition she pay the sum of $10,801 by December 12, 2012.
Now, on the court's own motion, it is
ORDERED that appellant show cause before this court why the above-entitled appeal should not be dismissed on the ground that appellant has waived its right to appeal by accepting the benefit of the order appealed from (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 8, 2015; 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