Appellate Division: Second Judicial Department

M211084

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2014-02010 Abdulatif Abdulayev, respondent, v Mark Yadgarov, et al., appellants, et al., defendants. (Index No. 8242/13)

ORDER TO SHOW CAUSE

Appeal by Mark Yadgarov, Pyotri Yadgarov, Toni Ann Zito, and American Capital Holdings Corp. from an order of the Supreme Court, Queens County, entered December 4, 2013, which granted the respondent's motion for a preliminary injunction. By order of the Supreme Court, Queens County, entered January 20, 2015, the branch of the appellants' motion which was to vacate the preliminary injunction was granted.

Now, on the Court's own motion, it is

ORDERED that 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 entered December 4, 2013, in the above-entitled action on the ground that the appeal has been rendered academic (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 27, 2016; 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, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court